Rosenbaum & Rosenbaum, P.C. | September 25, 2012 | Products Liability
All parents want to give their children the latest and greatest. Unfortunately, sometimes the most coveted gadgets are unsafe. One example of this is a new water bottle by H&M. This defective product, designed for children, has recently been recalled.
Almost 3,000 children’s water bottles have been recalled due to a potentially dangerous component of the product. H&M Hennes & Mauritz of New York, N.Y. imported the water bottles and sold them exclusively in H&M retail stores that have a children’s department. There has been one report that as a child was drinking from a water bottle, the bottle’s spout broke off. A concern that the spout could be a choking hazard for children led to the recall.
Parents of children who have been harmed by defective products like the H&M water bottle may seek compensation from those liable, including the product’s manufacturer, wholesaler and retailer under product liability law. Generally, this law provides that products must conform to the reasonable expectations of the people buying the products.
Product liability claims may be based on claims of breach of warranty, strict liability or negligence. In a liability claim, parents, on behalf of their child, must prove that their child was injured due to the dangerous product and this defect caused the product to be unreasonably unsafe. A product may be defective in its design, manufacture or marketing.
Every parent wants to see their child happily playing with their toys. However, sometimes these toys can be hazardous. Parents should be aware of possible defects that could lead to harm and the possible actions they may take if their child is injured.