Rosenbaum & Rosenbaum, P.C. | January 8, 2013 | Products Liability
Most parents in New York and elsewhere want to purchase the safest and most reliable toys, car seats and other products. This is especially true for first-time parents who want to provide the best for their newborns. Unfortunately, defective products sometimes unexpectedly harm newborns and children of all ages. When dangerous products harm individuals, those injured or their loved ones may pursue a product liability case for compensation relating to the injuries. Recently, four retailers have recalled a product for babies after reports of deaths and injuries.
According to the Consumer Product Safety Commission (CPSC), over 150,000 Nap Nanny baby recliners have been recalled. The recall is a result of numerous reports of infant injuries due to almost falling out of the recliner and deaths. The CPSC has stated that the product has design defects and defects in its warning labels and instructions. Four retailers, including Toys R Us/Babies R Us and Diapers.com, are voluntarily recalling the product, but the product’s manufacturer is failing to participate in the recall.
When dangerous products harm infants and children, parents may file a product liability claim on behalf of their children for the injuries sustained from the product. The manufacturer, wholesaler and retailer may be held responsible for the defective product. In a product liability claim, the injured or loved ones, the plaintiffs, must show that the product that led to the injuries had a defect and the defect caused the product to be unreasonably dangerous. If a product has a design defect, as the CPSC claimed the Nap Nanny baby recliner does, the defect was deemed present in the product before the manufacturing of the product. In some design defect claims, the plaintiff may be required to prove negligence of the defendant.
Parent never want to see their newborns or children harmed or injured by a defective product. However, when a product does cause injuries, a product liability claim may provide compensation for the injuries suffered.
Source: NBC New York, “Stores to Recall 150,000 Baby Recliners,” Dec. 27, 2012