Infant bath tubs are small tubs or enclosures for holding water and bathing an infant. Such products are often placed inside another receptacle, such as a larger adult tub or a sink. Some infant bathtub models have been subject to recall because they pose the risk of injury or accident to infants.
Some common injury risks include:
- The risk of drowning;
- Sharp points or edges create the risk of lacerations;
- The risk of mold contamination;
- Slippery surfaces create the risk of dropping or falling;
- Issues with strangulation or compression;
- Product tips or falls (similar to issues with infant cradle swings);
- Battery-related dangers;
- Other issues unique to particular products.
Who Can Be Liable for Infant Bath Tub Injuries?
If an infant bathtub can be shown to have a defect, the manufacturer and distributors of the product can be legally liable for any injuries caused by the defect.
An example of this is if an infant bathtub is constructed in a way that causes the product to shatter, leaving sharp edges that can injure a baby. Here, the manufacturer and distributors may be liable for injuries caused to infants based on the strict product liability legal theory.
In other instances, people who use infant bathtubs can be held liable if they use a tub that they know is dangerous or should have known was dangerous. Examples of people in roles that might lead to their liability include nurses, infant or daycare personnel, babysitters, and other people in positions in which they are responsible for the care of infants. People responsible for the care of infants could be liable on a theory of negligence.
Are There Any Legal Remedies for Infant Bath Tub Injuries?
Infant bathtub injuries can be serious and may require legal action to recover compensation for medical care and other harm. If a bathtub defect caused an incident that resulted in property damage, compensation for that damage could also be recovered.
Of course, an infant does not have the ability to file a lawsuit for themselves, and they do not have legal capacity. So, all states require a representative to file a lawsuit on behalf of an injured minor.
This representative has different titles in different states. In Texas, the representative is referred to as a “next of friend.” This person is simply one who has been chosen to stand in the place of the infant and pursue a claim on their behalf. Typically, it would be a parent, a legal guardian, or a child’s relative. The role of the next of friend is to act in the minor’s best interest by pursuing a lawsuit for damages for strict product liability or negligence.
In most states, the representative who sues on behalf of a minor, usually a parent, is called a “guardian ad litem.” The court appoints the “guardian ad litem” to prosecute a case on behalf of the minor. A judge must approve any money damages obtained through settlement or a trial. And damages awarded directly to the minor are held in trust by the court until the minor turns 18. Or the fund might be held in trust by the court clerk or in a “special needs trust.”
If the parent or guardian has paid the medical expenses for a minor, then the parent/guardian has their own claim independent of the child’s claim. In this case, the parent/guardian would pursue a lawsuit to be compensated for their expenses in caring for their child, and they would be able to obtain an award of damages before the minor turns 18 years old.
If a defect in an infant bathtub caused the death of an infant, the parents would sue the manufacturer and distributors for wrongful death. The theory of liability would still be strict product liability or possibly negligence.
In the case of the death of an infant child, the parents might recover damages to compensate them for such items as the following:
To prevail with a strict product liability claim, the parent or parents of an infant who is harmed must prove that a defect in the product caused injury to their infant. Specifically, they would have to prove that the product was inherently defective and that the defect in the product caused injury to their infant.
There are three ways in which a product, such as an infant tub, can be defective as follows:
- Design Defects: A design defect originates during the design phase of product development. The product is designed in a way that makes it defective;
- Manufacturing Defects: A manufacturing defect arises during the production phase of a product. Something occurs while the product is being manufactured that results in an otherwise acceptable product having a defect;
- Marketing or Labeling Defects:
- Failure to Warn: This is a common defect. A product that poses some kind of risk enters the market without the necessary warning labels. Appropriate labels should inform product users of the dangers of using the product and precautions that can be taken to avoid them.
- For example, prescription drugs should come with warnings about their potential side effects and medication interactions. Without this information, consumers can suffer injuries, and some might even be fatal;
- Inadequate Use Directions: Users of a product must be provided with directions on how to use a product safely. A manufacturer or retailer can be held liable for injury or damage if the product is sold without the proper directions regarding its use;
- Misleading Advertisements: A company can also be held liable for injury caused by their product if their advertisements do not accurately show the use that should be made of a product and any potential dangers.
The parents of an injured infant can recover compensatory damages of two types, economic and non-economic damages. Economic damages compensate for financial losses or property damage resulting from a defective product, and the bills for the injured person’s medical treatment and lost income are examples of economic damages.
Medical bills include all treatment, including the cost of future treatment, if it can be shown that the injured child would need continuing care. Hospital bills, doctor’s bills, and the costs of prescriptions and physical therapy are all covered by economic damages.
Of course, damages for lost wages would not be an issue in a case brought on behalf of an injured infant. Damages for lost wages are meant to account for salary or wages that the victim of a defective product was not paid because they missed time at work.
While an infant would not miss time from work, their parents may well lose wages or salary because they must take time off to care for their injured child. So damages for lost wages might well be an element of damages in a claim by parents for their own losses related to an injury to their child.
People who earn a living by running a business may be able to recover damages to compensate them for their lost profits. As with medical bills, if the infant has not recovered completely by the time of settlement or trial, and their parents can show that they would have to take time off work in the future, they could recover damages related to future lost wages or profits.
In the case of an infant injured by a tub, non-economic damages compensate for losses that are not easily quantified. For example, they would cover such items as:
- The injury itself:
- Any permanent disability or physical disfigurement that results from the injury;
- Pain and suffering.
Non-economic damages cover subjective losses because they may be experienced differently by different people. Because it can be challenging for a jury to calculate the right amount for an award of non-economic damages, the amount is subject to limits or caps in some states.
In many recall/injury cases, a class action lawsuit may be filed if the same infant bathtub product injured many consumers. Lastly, there can be legal consequences for retailers who fail to remove recalled products from their shelves.
Do I Need a Lawyer for Help with an Infant Bath Tub Recall Related Lawsuit?
Infant bathtub recalls can involve some complex laws and require a lawyer’s help. You may need to hire an experienced defective products attorney near you if you need help filing a claim on your own behalf or as the guardian ad litem for your child. There are technicalities involved in suing as a guardian ad litem.
In addition, a product liability lawsuit may require the services of experts who can identify the defect in the product that caused the injury. In addition, expert advice may be required to deal with the issue of the injuries and the need for future care.
An experienced personal injury attorney can provide you with the advice you need to deal with all these potential issues and you in court at hearings and trial, if that should be necessary.
