In an onslaught of baby product recalls this year, the question arises: who should be held accountable for infant injuries associated with products? Parents or the product manufacturers? The answer lies within the details of each incident.
Today, Bloomberg News reported that Bassett Furniture Industries Inc. recalled about 90,000 drop-side cribs after reports of at least 154 incidents of failed hardware. The U.S. Consumer Product Safety Commission (CPSC) Chairman Inez Tenenbaum said drop-side cribs are a “deadly hazard.” The cribs’ drop-side rail can malfunction, detach or otherwise fail, causing part of the drop side to detach from the crib. When a drop-side rail partially detaches, it creates a space between the drop-side and the crib mattress. An infant or toddler’s body can become entrapped in the space, which can lead to strangulation and/or suffocation. A child also can fall out of the crib. Drop-side incidents also can occur due to incorrect assembly and age-related wear and tear.
The CPSC has verified at least 32 deaths in the models since January 2000. New crib requirements proposed in July will ban the design.
Bassett Furniture of Bassett, Virginia, sold the cribs nationwide from January 2000 through August 2010 for $200 to $500, the CPSC said. The Bassettbaby brand is sold on the Internet and by retailers such as Wal-Mart Stores Inc., Target Corp. and Babies ‘R’ Us, a part of Toys ‘R’ Us Inc.
CPSC recommends parents immediately stop using the recalled drop-side cribs and contact Bassettbaby for a free kit that will immobilize the drop side. In the meantime, parents are urged to find an alternate, safe sleeping environment for the child, such as a bassinet, play yard or toddler bed depending on the child’s age. The agency is also organizing a presentation video to educate parents on common risks that lead to deaths and injuries involving drop-side cribs. The CPSC is collaborating with the American Academy of Pediatrics and New York-Presbyterian/Morgan Stanley Children’s Hospital to distribute videos at hospitals and doctors’ offices showing risks of strangulation and entrapment.
RECALLED MODELS INCLUDE
5091-0604 Mission Single 5591-0604 Mission Single 5991-0604 Mission Single 5891-0604 Mission Single 5092-0604 Mission Bay Single 5592-0604 Mission Bay Single 5892-0604 Mission Bay Single 5992-0604 Mission Bay Single 5093-0604 Cape Cod Single 5093-0621 Cape Cod 4 N 1 5593-0604 Cape Cod Single 5593-0621 Cape Cod 4 N 1 5893-0604 Cape Cod Single 5893-0621 Cape Cod 4 N 1 5993-0604 Cape Cod Single 5993-0621 Cape Cod 4 N 1 5693-0621 Cape Cod 4 N 1 5765-0504 Woodlands Single 5919-0620 Bel-Aire 3 N 1 5100-0522 Terrace Park 3 N 1 5026-0620 Parson Ridge 4 N 1 5026-0504 Parson Ridge Single 5062-0504 Shenandoah Single 5062-0620 Shenandoah 4 N 1 5862-0620 Shenandoah 4 N 1 5089-0504 Chimney Corners Single 5446-0504 Hidden Hills Single 5935-0521 New Haven 3 N 15936-0521 New Haven 3 N 1 5405-0620 Richmond Park 3 N 1 5960-0604 Cottage Single 5960-0604Q Cottage Single 5665-0621 Timber Creek 4 N 1 5665-0621F Timber Creek 4 N 1 5665-0621S Timber Creek 4 N 1 5666-0621 Timber Creek 4 N 1 5666-0621S Timber Creek 4 N 1 5760-0604 Mission Single 5860-0604 Cottage Single 5860-0620 Cottage 3 N 1 5104-0514 Lake Wood Single 5401-0504 Lake Wood Single 5871-0621 Winsor 4 N 1 5871-0621W Winsor 4 N 1 5714-0504 English Manor Single
Last month, Graco Children’s Products recalled 2 million defective MetroLite and Quattro Tour strollers due to suffocation hazard following 4 reported deaths. This law firm represents the family of the fifth reported death involving a recalled MetroLite stroller. The death was reported to CPSC this month.
Earlier this year, Graco had four other, significant product recalls, some which involved a death hazard:
- January: 1.5 million Graco’s Passage™, Alano™ and Spree™ Strollers and Travel Systems were recalled due to finger laceration and amputation hazard.
- March: 1.2 million Harmony™ High Chairs were recalled due to unstable chair that posed a fall hazard.
- April: all Simplicity Cribs were recalled due to serious injury or death due to entrapment, strangulation, suffocation and fall hazards to infants.
- April: 217,000 drop side cribs manufactured by LaJobi were recalled due to entrapment and suffocation hazard.
In the wake of these massive product recalls, consumers are asking: OK, is it the parents fault for misusing the product, or did these product manufacturers know something and fail to adequately warn consumers?How far does parent accountability reach? What reasonable benchmark does it reach, and then childrens’ products manufacturers liability begins?
Preventative action is best. Educating parents and soon-to-be first time parents on proper product use and misuse is key.
A product manufacturer has a duty to warn its customers of known or reasonably anticipated hazards posed by the design of its products. While a butcher knife is obviously known to be sharp by its consumers, consumers of a Graco MetroLite stroller are unaware that the product could entrap and suffocate a sleeping infant. Moreover, placing a sleeping infant in a drop-side crib, and the infant naturally shifting in sleep or is no misuse of the product. Finally, feeding an infant in a Harmony High Chair should not pose an unreasonable fall hazard.
Childrens’ products manufacturers have a duty to design safe products to be consumed by the average infant and parent.
If you have suffered a loss due to a childrens’ product, please contact Alexandra Filutowski for a free consultation.
