Legal Liability for Crib-related Injuries
Parents are confronted with important decisions everyday when it comes to the safety and well-being of their children. While most parents believe their baby is safe in a crib, injury and even death can result for any number of reasons: a defective crib, a defective crib accessory, a defective product inside the crib, an outdated crib that doesn’t meet updated safety regulations, an improperly assembled crib or the negligence of a day care, child care center, nursery or caregiver.
If your child was injured in a crib accident there is a chance that your child’s injury was the result of a crib defect or some other defective child product, or the carelessness or negligence of a caregiver you entrusted your child’s well-being with. If that is the case then you have a right to hold that person or company responsible for their acts. The crib injury lawyers at The Law Offices of Gerald J. Noonan have decades of experience and proven results in all types of child injury cases, including cases that have resulted in a child’s wrongful death.
Every case is different and several parties may be liable depending on the circumstances of the crib accident and injury.
Product Liability Action for Dangerous and Defective Crib
It is understandable for most people to assume that if a product is on the market and being sold in stores that it will be safe to use. When parents purchase a crib for their child they expect the crib to be safe. However, there are some greedy and irresponsible companies that have been taking advantage of that trust for years by putting dangerous and defective cribs on the market.
If your child’s injuries were the result of a product defect or defective crib then a product liability claim would allow you to seek damages from the crib manufacturer or any business that took part in designing, marketing or selling the crib. Read more about product liability claims.
In 2011 The Consumer Product Safety Commission estimated that over 11 million cribs had been recalled between 2007 and 2011.
The following are just some of the companies that have recalled cribs:
- Evenflo recalled 750,000 Jenny Lind Cribs
- Delta Enterprise Corp recalled 747,000 drop-side cribs with crib trigger lock and safety peg defects in 2011, after a 7-month-old girl died from being trapped and suffocated
- La Jobi recalled 306,000 of its Babi Italia and Bonavita cribs.
- Million Dollar Baby recalled 156,000 cribs
- Jardine Enterprises recalled 130,000 cribs
- Simmons recalled 50,000 cribs
- Simplicity recalled full-size cribs and fixed-side and drop-side. Recalls were due to entrapment, strangulation, suffocation and fall hazards among infants and toddlers.
- IKEA recalled crib mattresses due to violation of Federal Flammability Standards
- Baby’s Dream recalled Crib due to violation of Lead Paint Safety Standard
- Oeuf recall cribs due to child entrapment danger
- Dream On Me recalled cribs due to infant fall hazards-recalls
- Nan Far Woodworking recalls all cribs exclusively sold at JC Penny due to suffocation, entrapment and fall hazards
Federal Safety Standards are Required by Law
Hotels, motels, public accommodation facilities and Day Care Centers, Child Care Centers, Nurseries, Schools and other childcare facilities had until December 28, 2012 to update all their cribs so that they all comply with the new federal standards. Unfortunately, there is an estimated 20 million fatal, non-compliant cribs in the U.S. that are being used today or are being stored for future use. Many of these dangerous, non-compliant cribs are being used in hotels, motels, day cares and other child care facilities across the United States. These non-compliant cribs cause numerous injuries every year.
Starting on June 28, 2011 all crib manufacturers and crib sellers were required to follow new federal laws that established new crib safety standards. The mandatory standards, which were approved by the U.S. Consumer Product Safety Commission and turned into federal law sought to:
- prevent the manufacturing and sale of dangerous model drop-side cribs;
- improve mattress safety by making mattress support stronger;
- increase crib slate strength;
- increase crib durability
- require manufacturers to perform rigorous product testing to prove their cribs comply with the new safety standards.
If a caregiver or facility failed to comply, you may be able to bring a civil claim:
- Negligent Supervision of Caregiver (Day Care Center, Child Care, Nursery, School, Camp)
- Unsafe Premises (Hotel, Motel, Apartment, Landlord Building, Friend or Relatives Homes)
You will need an experienced Massachusetts personal injury lawyer that understands the complexities of preparing and pursuing claims against caregivers and manufactures in order to get the compensation you deserve — one who will work hard to obtain you a fair settlement, but who is willing and able to go to trial on your behalf as well.
Free Legal Consultation – No Obligation – No fee If No Recovery
If your child was injured in a crib accident then call the crib injury lawyers at The Law Offices of Gerald J. Noonan today. We have a proven track record with over 35 years of legal experience. Our child injury attorneys have provided successful representation on behalf of families of injured children and are ready to take on your case.
We offer a free, no hassle, no-obligation legal consultation so you can learn more about how we can help you pursue a civil claim and hold those responsible for your baby’s injuries accountable for their actions.
We’ve been helping the residents of Southeast Massachusetts for more than 35 years.