Baby clothes recalls occur when a product is deemed dangerous for consumers to use, and the manufacturer discontinues production of the product. Distributors and retailers also typically remove the products from sales shelves. In many cases, infants can be injured by products that are subject to a recall. Alternatively, a recall may be triggered when many infants are injured by the same health and safety risk.
Some common types of health and safety risks connected with baby clothes recalls include:
- Choking hazards (these are mostly caused by items detaching from the clothes, posing a risk of ingestion)
- Clothes that are constructed of materials that do not meet standards for flammable items
- Sharp parts of the clothes that may cause lacerations or other injuries
- Clothes that contain toxic chemicals
- Various other risks
Who can be Held Liable for Injuries Caused by Baby Clothes?
In many baby cloth recall instances, the manufacturer of the clothes can be held liable for injuries caused by the products. This can happen for instance if there was a defect with the product. Common defects associated with baby clothes include:
- Defects related to a lack of warning labels (“warning label defects”)
- Defects caused by an error in production or manufacturing (“manufacturing defects”)
- Defects involving an error in the way the product was designed (“design defects”)
In other cases, a retailer may be held liable if they continue to sell baby clothes that they knew or should have known were already subject to a recall.
Are there any Legal Remedies for an Injury Caused by Baby Clothes?
Injuries caused by baby clothes can be serious and may require legal action to resolve any disputes. The typical remedy in such lawsuits is a monetary damages award, which is intended to compensate the injured person for their losses. The damages can cover expenses such as medical costs and hospital/medication bills, permanent disfigurement, pain and suffering, and other costs.
Many lawsuits that are connected with a baby clothes recall are filed as a class action suit, especially where many persons were injured by the same product. These types of cases can be complex and may be subject to different filing rules than a normal lawsuit.
Do I Need a Lawyer for Help with a Baby Clothes Recall Lawsuit?
Lawsuits involving injuries caused by baby clothes can be complex, and may require the assistance of a lawyer. It may be in your best interests to hire a personal injury lawyer in your area if you need help with a lawsuit. Your attorney can provide you with advice, guidance, and representation for your legal claim.