Tennessee Product Liability Law: Defective Cribs & Infant Products
Often one of the first considerations parents will take into account when shopping for cribs and baby beds is whether or not it will match the nursery’s style. But in such instances, the problem is not that there is a lack of concern regarding their child’s safety, but rather that they are falsely assuming that if a product is available on the market, it is safe to use.
At InjuryTN, our experienced child injury lawyers know that every child’s life is precious, and cribs with defects are found to be the culprit of far too many infant injuries and fatalities. In recent years, numerous recalls have been made which exemplify just how dangerous these products can be, including some of the following:
- Serena & Lily recalled more than 250 Nash convertible cribs for hazards of injury in 2020.
- Delta Enterprise Corp. recalled more than a million drop-side cribs that have safety peg hardware as well as a crib trigger lock in 2011.
- In 2015, Bexco recalled more than 15,000 DaVinci cribs for entrapment, fall, and laceration hazards and numerous Franklin and Ben Mason 4-in-1 convertible cribs for fall and entrapment hazards.
- Full-sized cribs from Simplicity have been recalled for risk of entrapment, fall, suffocation, and strangulation hazards.
- More than 4,500 cribs and other child furniture from Baby’s Dream were recalled for violating lead paint standards in 2015.
- All full and portable drop-side cribs from Generation 2 Worldwide and ChildESIGNS have been recalled due to suffocation and strangulation hazards.
- In 2015, around 170,000 crib mattresses from IKEA were recalled for entrapment hazards.
- Baby Matters LLC recalled 30,000 units of their Nap Nanny portable baby recliners in 2010.
New Regulations on Crib Safety
Unfortunately, these are only a few examples of the many infant products which are recalled year after year for hazards and risks. What’s more, other infant sleep contraptions carry the possibility to result in severe injury or even fatality in the event that the product is designed or produced defectively.
According to the Consumer Product Safety Commission (CPSC), nearly 75,000 children ages 4 and younger had been treated at emergency rooms due to injuries caused by nursery products every year. Further, nearly two thirds of these injuries were attributed to mattresses and cribs, high chairs, infant carriers, and strollers.
The most prevalent cause of serious injury was serious falls, with the most commonly injured part of the body being the head and the face, followed by injuries to the internal organs.
Over the course of a recent two-year period, reports from the CPSC showed that more than 330 child fatalities occurred that were attributed to the use of nursery products. Bassinets, cradles, cribs, infant carriers, mattresses, play pens, and play yards had been associated with more than 85% of all fatalities. Additionally, more than 130 fatalities were reported to have been attributed to cribs and mattresses alone, and in numerous cases, the fatality was caused by unsafe bedding in the crib. Nearly 17% of these fatalities were attributed to a variety of crib-related defects, which may include incomplete assembly, broken, missing, or non-functioning parts, ineffectual crib repairs, and wedging entrapments.
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If your child has been injured because of a defective crib, you should seek out immediate legal assistance so you can ensure fair compensation is obtained.
Drop-Side Cribs & Serious Injuries
In recent years, among those which were found to be the most dangerous of infant beddings was the drop-side crib. The drop-side crib was designed to have one side which could be lowered or raised so as to reduce the amount of reach required to access the child. Sadly, though, the innovation which was meant for the parent’s convenience had unintentionally made the product much more dangerous, ultimately resulting in their production no longer being permitted by law. Thankfully, the CPSC stepped in to establish new standards for child crib safety and banning models which had detaching or drop-side railing. For the previous 4 years, more than 32 infant fatalities and over 3,500 injuries had been attributed to the use of these cribs. What’s more, at least 10 million cribs had been recalled from 2007 to 2011, the majority of which had these drop side doors.
With new regulations, though, drop-side cribs were barred from manufacture and distribution in the United States and mandating manufacturers to include more trustable hardware to ensure secure fastening of all screws and bolts. Additionally, slats on cribs have to be able to withstand sizable amounts of force to ensure infants won’t be able to kick them out. In order to avoid infants getting stuck or falling out between gaps, new requirements for mattress support were mandated as well.
Although drop-side cribs are not publicly available at retailers, they can still commonly be found in places such as hotels and daycares. Unfortunately, even with a ban and having the possibility to cause fatal injury, these cribs are still legal to use.
Nonetheless, consumers are encouraged to remember that regardless of the number of recalls which have been issued, those responsible for these products sale and manufacture may still be held liable if their product caused an injury or fatality. Every crib should come with a warranty in which the manufacturers assure that their product is safe for use. But when this is not the case, the victim may file claims for breach of warranty, in addition to those of defective manufacture or design.
Contact Our Nashville Product Liability Attorneys Today
Our experienced Nashville personal injury attorneys know that in the event that your infant has been seriously injured or killed because of a defective crib, there is not enough compensation in the world to make up for that loss. But, you have a right to be fairly compensated to cover child care, especially when your insurance only pays a fraction of the entire cost. Furthermore, pursuing civil litigation against big companies who manufacture such products will help in ensuring they are held responsible for the injuries and fatalities their products cause. If you or someone you love has been in an accident involving a defective crib in Tennessee, contact InjuryTN to set up your free and confidential case evaluation to discuss how we can defend and protect your rights. There are no costs or fees incurred until we win the case.