A defective product is any product that causes an injury or injuries to an individual due to reasons including:
- A faulty label;
- A design defect or defects; or
- A manufacturing defect.
A defective product can be any type of product. Some product defects are discovered at the time of a routine inspection. However, other defects are not discovered until the product is on the market or has been sold to consumers.
A defective product is a product that is unreasonably dangerous when that product is used in the way it was intended or for its intended purpose, and has not been altered or interfered with. Defective products cause injury or injuries to a consumer because of a design defect, a manufacturing defect, or a marketing defect. Examples of defective products may include:
- Items of food;
- A medical device; and
- Children’s toys.
What are Defective Baby Products?
A defective baby product is a product for infants that malfunctions in some way and puts the infant at risk. An infant is very vulnerable because it cannot monitor itself or the products used around it.
The risk of a defective baby product is high. Especially if the adults responsible for the infant or product manufacturers do not ensure total safety of the product during use and manufacturing.
Infants may easily choke on small parts. Therefore, it is extremely important that all baby products, including strollers or furniture are property assembled to reduce risk to the infant. Common injuries that result from defective baby products may include:
- Puncture wounds;
- Abrasions; or
Baby toys with any of the following pose a serious risk to infants:
- Jagged edges;
- Electric cords;
- Rockers; or
- Loose plastic.
Products involving seating or harnessing of an infant may also be dangerous and lead to fall injuries.
What are Some Common Defective Baby Products?
Certain types of baby products are more commonly associated with defects and risk of injury than others. Baby products that are most commonly associated with defects or risk of infant injury include:
- Car seats for infants;
- Baby food or baby formula, which can lead to illness or food poisoning;
- Baby carriers, which can often involve fall or crash risks;
- Baby cribs or bassinets, which can also involve fall and suffocation risks;
- Baby toys, which can involve choking, laceration, or chemical exposure hazards;
- Infant cradle swings;
- Baby clothing, which may be associated with choking, strangulation, and flammability hazards; or
- Many other types of baby products.
Injuries resulting from defective baby products can be severe. In some cases, infant wrongful deaths may also occur, resulting in different legal claims.
Products made for infants, including baby clothes, have strict safety regulations. Toys made for infants carry different safety concerns than those made for older children. Specifically, infant toys must pass rigorous standards to ensure they do not pose a significant risk of injury to the infant.
Common injuries and risks associated with infant toys include:
- Choking hazards;
- Dangerous levels of lead or other types of toxicity risks;
- Risks associated with lacerations or cuts from sharp edges;
- Injuries resulting from a fall;
- Injuries resulting from suffocation; or
- Other types of injuries.
One of the most common risks is a choking risk. For example, some water absorbing toys grow to larger sizes when soaked with water. This can present a dangerous situation if an infant ingests this type of toy. Infant toys that are particularly dangerous are generally subject to a recall and pulled from retail shelves.
Who Can I File a Claim Against for a Defective Baby Product Injury?
There are different ways to file a claim under products and services laws for defective baby products. It is important to investigate all parties involved in the chain of production that led to the defective product being in the consumer’s possession.
The consumer may be able to file a claim against one or more of the following:
- A seller;
- A manufacturer;
- A wholesaler or distributor; or
- The individual who caused the infant to come into contact with the defective product.
In some cases, retailers or resellers of infant products may be held liable for injuries. For example, if a seller is aware that a particular baby product is dangerous or has already been recalled, the seller may be held liable for negligence should they continue selling the product in their store or establishment.
What Types of Product Defects can I File For?
There are many types of baby products. Therefore, there are also many types of defects affecting those products. Common baby product defects include:
- 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.
Pursuant to product liability laws, a product defect is generally classified into one of three main categories. These include:
- Warning label defects;
- Design defects; or
- Manufacturing defects.
Warning label defects occur when a manufacturer fails to include proper instructions or warnings regarding health and safety risks associated with the product. For example, if a manufacturer fails to include warning labels regarding detachable pieces.
Design defects are defects that occur during the design phase of the product. In these cases, there is some error in the design of the product. For example, if a baby crib is designed in such a way that makes it prone to tipping over, the manufacturer may be liable for that design defect.
A manufacturing defect occurs when the product is being assembled for sale. For example, if an important screw is left out during the assembly of a baby bassinet, this may cause it to be dangerous for use.
In some cases, a baby product may have more than one type of defect. Additionally, defective baby products may injure or create an injury risk for many different consumers. In these cases, a class action lawsuit may be filed if multiple consumers are injured by the same type of product or issue. A class action lawsuit allows a large group of individuals to recover damages at the same time.
Can I Recover Damages for Defective Baby Products?
Yes, it is possible to recover damages for a defective baby product. Typically, the legal remedy will include a monetary damages award. If the plaintiff is successful in their claim, they can collect damages to compensate them for their losses resulting from the defective product. Damages may include compensation for:
- 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?
Yes, if you or someone you know has had experience with a defective baby product, you should seek the assistance of a class action lawyer as soon as possible. A lawyer can review your case, determine if a claim is available, and assist you in filing a lawsuit. They can represent you during any court proceedings, if necessary. A lawyer can also assist in negotiating a settlement of your claim and obtain the best possible result in your case.