A defective product is a product which causes an injury or injuries to an individual. This may be caused by reasons including:
- A faulty label;
- A design defect or defects; or
- A manufacturing defect.
A faulty label or warning label defect occurs when a manufacturer fails to include proper warnings or instructions regarding the risks associated with the product. For example, if the manufacturer does not include a warning label regarding detachable pieces.
A design defect is a defect which occurs in the design phase of a product. For instance, if an infant crib is designed in such a way that makes it prone to tipping over.
A manufacturing defect occurs when a product is assembled for sale. To illustrate, if a necessary screw is omitted during the assembly of a baby bassinet, which causes it to be dangerous to use.
A defective product may be any type of product. In some cases, a product defect is discovered at the time of a routine inspection. In other cases, however, a defect may not be discovered until the product is already on the market or has been sold to consumers.
A defective product is a product which is unreasonably dangerous when the product is utilized in a way in which it was intended or for its intended purpose without being altered or interfered with. Examples of defective products may include products such as :
- Items of food;
- A medical device; and
- Children’s toys.
What are Defective Baby Products?
A defective baby product is a product that is made for infants, or babies, that puts the infant at risk due to a malfunction. Infants are extremely vulnerable because they cannot monitor themselves or the products which are used around them.
The risk of injury due to a defective baby product is high. This is especially true if the adults who are responsible for the infant or the product manufacturer do not ensure the total safety of the product during its use and manufacturing.
For example, if a product has small parts, an infant may easily choke on those parts. Because of this, it is very important that all baby products, including furniture and strollers are assembled properly in order to reduce risk to the infant.
There are several types of common injuries that may result from defective baby products, including:
- Puncture wounds;
- Abrasions; or
A baby toy that has any of the following poses a serious risk to the infant:
- Jagged edges;
- Electric cords;
- Rockers; or
- Loose plastic.
Infant products which involve harnessing or seating of the infant may also be dangerous and lead to a fall injury.
What are Some Common Defective Baby Products?
There are certain types of baby products which are more commonly associated with defects and the risk of injury as opposed to other products. Baby products which are most commonly associated with the risk of infant injury and defects include:
- Car seats for infants;
- Baby food or baby formula, which can lead to illness or food poisoning;
- A baby carrier, which often involves crash or crash risks;
- Baby cribs or bassinets, which can involve suffocation and fall risks;
- Baby toys, which may involve choking risks, laceration risks, or chemical exposure hazards;
- Infant cradle swings;
- Baby clothing, which may be associated with strangulation, choking, and flammability hazards; or
- Many other types of baby products.
Injuries that result from a defective baby product can be severe. In certain cases, infant wrongful deaths may occur, which results in different legal claims.
There are strict safety regulations for products which are made for infants, including baby clothes. Toys which are made for babies carry different safety concerns than those which are made for toddlers and older children.
Infant toys, specifically, must pass rigorous safety standards in order to ensure that they do not pose a significant risk of injury to the infant. Some common risks and injuries which are associated with infant toys may include:
- Choking hazards;
- Dangerous levels of lead or other toxicity risks;
- Risks associated with cuts or lacerations from a sharp edge;
- Injuries resulting from a fall;
- Injuries resulting from suffocation; or
- Other types of injuries.
One of the most common risks associated with infant toys is a choking risk. For example, there are some water absorbing toys which grow larger in size when they are soaked in water.
These types of toys may present a dangerous situation if an infant ingest the toy because they will expand and block airways. An infant toy that is particularly dangerous is typically subject to a recall and is often pulled from retail shelves.
Who Can I File a Claim Against for a Defective Baby Product Injury?
There are several different ways an individual can file a claim under products and services laws for a defective baby product. It is essential to investigate all parties who are involved in the chain or production which lead to the defective product being in the possession of the consumer.
A consumer may be able to file a claim against several parties, including:
- A seller;
- A manufacturer;
- A wholesaler or distributor; or
- The individual who caused the infant to come into contact with the defective product.
In certain cases, a retailer or reseller of an infant product may be held liable for injuries based on negligence if they were aware that a baby product was dangerous or had already been recalled and they continued selling the product.
What Types of Product Defects can I File For?
There are many different types of baby products and many types of defects which may affect those products, including:
- Issues with flammability;
- A piece or part breaks off the product, creating a choking hazard;
- Sharp edges or parts on the product;
- Chemical or toxic exposure issues;
- A product that is prone to breakage, collapse, or structural weakness;
- An items or part of the product falling onto the infant; or
- An infant being trapped under or within a product.
It is possible for a baby product to have more than one type of defect. In addition, a defective baby product may create an injury risk or injure many different consumers.
In those cases, a class action lawsuit may be filed if there are multiple consumers who have been affected by the same type of product or issue with a product. Class action lawsuits permit large groups of individuals to recover damages at the same time.
Can I Recover Damages for Defective Baby Products?
Yes, it may be possible to recover damages for defective baby products. In most cases, the legal remedy includes a monetary damages award.
If a plaintiff is successful in their lawsuit, they may collect damages which are intended to compensate them for their losses which resulted from the defective product. Damages often include compensation for losses including:
- Medical costs;
- Pain and suffering;
- Loss of enjoyment or quality of life;
- Loss of income; or
- Other costs associated with the injury.
Do I Need a Lawyer for Assistance with a Defective Baby Product Lawsuit?
It is essential to have the assistance of a class action lawyer for any issues you may have with a defective baby product. Your lawyer can review your case, determine if you are able to file a claim, and assist you in filing your lawsuit.
Your lawyer will also represent you any time you have to appear in court. Often, personal injury cases result in negotiations of a settlement for the plaintiff. If this occurs in your case, having a lawyer helps to ensure you receive the best possible results and greatest compensation available for your injuries.