Rosenbaum & Rosenbaum, P.C. | December 4, 2012 | Products Liability
All parents want the best for their children. They want to provide the best and newest toys and gadgets. Unfortunately, some of these items may prove to be dangerous products, which could result in injuries or even death. Recently, a travel bed tent has been recalled after reports of children becoming trapped in them.
The U.S. Consumer Product Safety Commission (CPSC) has recalled over 200,000 KidCo PeaPod Travel beds and PeaPod Plus Travel Beds. CPSC officials have become aware of reports that children could roll off the side of the air mattress and become trapped between the mattresses and the side of the tent-like bed, potentially leading to physical distress and even suffocation. In one of the reports, a five-month-old infant in New York City died after being found with his face pressed against the wall of the travel tent. Owners of this product should stop using the product and contact KidCo for a free repair kit, which contains a mattress replacement and braces to ensure that the sides of the tent have support.
Parents whose children have been injured by a defective product may consider a product liability lawsuit against the manufacturer. One of the main theories for recovery in a product liability suit is negligence. In order to prove that a manufacturer was negligent, the plaintiff must show that the manufacturer had a duty to the plaintiff, which was breached, and that the breach was the actual and proximate cause of the plaintiff’s injury.
The plaintiff also must show that the plaintiff suffered injuries as a result of the manufacturer’s negligent act. In a product liability case, the standard of care a manufacturer must demonstrate is what is reasonable for experts in manufacturing products under similar circumstances.
Every parent wants to provide their child with safe toys and equipment. However, sometimes these gadgets can be dangerous or defective and may even lead to injuries. Parents should be aware of recalls for products and the risks associated with the toys and other consumer products that they provide for their children.
Source: WFAA-TV, “Recall: PeaPod and PeaPod Plus Travel Kits,” Nov. 23, 2012