A products liability claim involves the manufacturer or seller of a product being held accountable for placing a defective product into the stream of commerce. Any party that is responsible for any part of the manufacture of the product could be held liable for any injuries caused by the defect, just as any seller may also be held liable.
There are three types of defects that could result in liability to one or all of the parties involved in the manufacture and sale of the product. They are:
- Design Defects: Design defects are defects in the design of the product. No matter how well the product is manufactured, and no matter how thoroughly a consumer is warned about the dangers associated with the product, if the design is defective it is considered to be inherently flawed;
- Manufacturing Defects: A manufacturing defect presents when the manufacturer puts the product together in such a way that makes the resulting product unsafe; and
- Defective Warnings: Some otherwise flawless products may still result in a products liability suit if there is an inadequate warning regarding any dangers that are associated with the product. Such cases may also include failure to properly instruct a consumer on how to use the product in a safe and effective manner.
There are three legal theories under which a products liability case may be brought. These include negligence, strict liability, and breach of warranty of fitness. Each of these theories generally differ depending on which state’s law is applicable. As there are no federal products liability laws, each state creates their own laws and regulations relevant to products liability.
However, strict liability cases are especially important for a seller, as they impact sellers especially. This is due to the fact that a seller may be held liable for the defect simply because the product was defective regardless of any other action that the seller took. Essentially, all that the injured consumer must prove in a strict liability case is that:
- They were injured;
- They were injured by the product; and
- The injurious product was sold by the seller.
What this means is that it does not matter how careful the seller was, nor how much the seller warned about the product. They could still be held liable.
What Is A Product Recall?
A product recall occurs when the majority of a specific product becomes unsafe to use. Either a government agency or the manufacturer of the product alerts the public, recommending that they take a particular action in order to ensure their safety while using the product. The Consumer Product Safety Act is what protects the consumers from exposure to products that create an unreasonable risk of injury to the user.
Product recalls provide a way for manufacturers or companies to remove the product that is causing the problem or injury, while also offering a remedy for the injured party. The government plays a significant role in administering this process, as well as mandates some product recalls. They ensure that the products with defective design are immediately recalled; as such, it is imperative to check government websites frequently in order to make sure that any product you have recently purchased is not on the recall list.
Just as the rules regarding product liability vary from state to state, the rules associated with product recalls differ among the various government agencies. The following government agencies can require a product recall:
- The Consumer Product Safety Commission;
- The Food and Drug Administration; ,
- The Food Safety and Inspection Services;
- The National Highway Traffic Safety Administration;
- The Coast Guard; and
- The Environmental Protection Agency.
Once a product has been recalled, the manufacturers must take certain actions. Examples of such actions include, but may not be limited to:
- Contacting their regulators;
- Notifying their insurers; and
- Seeking legal counseling in order to evaluate the company’s liability exposure and financial stability.
There are also legal consequences associated with recalling the defective product. An example of this would be how a recall can initiate class action lawsuits. Additionally, a simple recall for the defective product may not be sufficient for the government agency who required the recall in the first place. The agency may have its own consequences.
What Are Drop-Side Cribs? What Are Some Of The Dangers Associated With Drop-Side Cribs?
A defective baby product is a product that is intended for infants, and malfunctions in some way which puts the infant at risk. The risk of a defective baby product is high; this is especially true if either the adults responsible for the infant or product manufacturers do not ensure total safety of the product during use and manufacturing.
Because infants can easily choke on small parts, it is of the utmost importance that all baby products including strollers or furniture are properly assembled in order to reduce risk to the infant.
Common injuries that result from defective baby products include, but may not be limited to:
- Bruises;
- Lacerations;
- Puncture wounds;
- Abrasions; and/or
- Suffocation.
Baby toys with any of the following elements pose a serious risk to infants:
- Jagged edges;
- Electric cords;
- Wheels;
- Rockers; and/or
- Loose plastic.
Products associated with the seating or harnessing of an infant may also be dangerous, as they can lead to fall injuries.
Drop-side cribs have been recognized as being especially dangerous, as they have a unique feature which allows one or more sides of the crib to slide up and down. This feature was intended to make it easier to place infants in the crib without disturbing them, or placing undue strain on the adult’s back. However, the drop-side feature instead created a risk of danger to the infant or toddler who is placed within such cribs.
This danger has been recognized by legal authorities which has resulted in bans and recalls of drop-side cribs. Many product liability lawsuits have since been associated with drop-side crib personal injuries.
In short, the drop-side design panels create hidden hazards that can lead to suffocation or strangulation of the baby. Injury is also caused due to the fact that some of the hardware used in the drop-down panels can slip, break, or get stuck. This can cause a gap in between the drop-side panel and the crib mattress, in which an infant can easily become trapped or stuck.
Other dangers associated with drop-side cribs involve hazards involving loose, broken, or missing parts. Additionally, improper assembly has been found to create safety hazards for babies that are placed in drop-side cribs.
Because of the dangers and reports of injuries involved with drop-side cribs, they have been banned by the Consumer Products Safety Commission as of June 2011. Drop-side cribs can no longer be produced, and their use and distribution is banned for:
- Owners of drop-side cribs;
- Manufacturers;
- Retailers; and
- Providers of cribs, such as daycares, hospitals, and hotels/motels.
In addition to the CPSC ban, drop-side cribs have been recalled by many manufacturers such as:
- Graco;
- Bassett Baby;
- Pottery Barn; and
- Stork Craft.
If you have purchased a drop-side crib in the past, you should contact the crib’s manufacturer for more details regarding product recalls.
Who Can Be Held Liable For Injuries Resulting From A Drop-Side Crib?
As previously mentioned, under product liability theory, any party involved in the creation and distribution of a product can be held liable if the product is found to be defective in some way. It may be possible to hold the manufacturer responsible for infant injuries under the specific theory of design defect.
Design defect requires proof that:
- The product was defective when it left the defendant’s control;
- The product was not altered in any way by the consumer; and
- Because of its defective design, the product failed to perform as safely as an ordinary consumer would expect.
Additionally, it may be possible to hold an independent distributor or provider liable if they continue to supply consumers with drop-side cribs. Ignorance of the CPSC ban would not relieve the defendant of liability in such cases.
Do I Need An Attorney For Help With Drop-Side Crib Recalls?
If you or your infant were injured while using a drop-side crib, and you wish to pursue legal action, you should consult with an experienced and local consumer attorney.
A local lawyer can help you understand your state’s specific product liability laws, and will also be able to represent you in court, as needed. Additionally, a liability lawyer will be aware of any class action lawsuits that you can join.
