Product Liability Cases – Babies & Children
Many products are advertised as baby and child-friendly, but unfortunately, some conceal serious defects. When a baby or children’s product causes a severe injury, illness, or death, a product liability case can be filed against the manufacturers, distributors, and retailers responsible.
What Are Dangerous Products for Babies?
Some of the most potentially dangerous products for babies include the following:
Many babies prefer to sleep in motion, in a baby swing, car seat, or rocker, but baby swings are not the most secure places to sleep. Swings can be safely used while babies are awake and supervised, but once they fall asleep, there is an increased risk of suffocation. For example, a baby can turn their head and suffocate against the soft padding, become entangled in the straps, or their head can fall forward so far that it becomes hard for them to breathe, known as positional asphyxiation.
Fisher-Price Rock ‘n Play Soothing Seat
This product was designed and marketed for babies to sleep at an incline but it increases the risk of accidental suffocation. At least 59 infant deaths have been linked to this sleeper seat. Fortunately, a recall has been issued, and consumers warned to discontinue use.
There is extensive evidence demonstrating that bumper pads increase the risk of death. Babies can get caught in the ties, press their faces into them and suffocate, or use them to climb out of the crib.
Between 1990 and 2014, over 230,000 children under 15 months of age suffered injuries related to walkers. Many of the injuries and accidents were caused by the child falling down flights of stairs while in a walker. Children can also pull things down on themselves, get their fingers caught, or grab dangerous items that are typically out of their reach.
These cribs significantly increase the risk of strangulation or suffocation. They are less structurally sound than other cribs with four fixed sides and are prone to break, deform, or cause other problems. Infants can become trapped or wedged between the drop-side and the crib mattress.
Why Is Baby Formula Recalled?
Baby formula has been recalled in the past for various reasons, from contamination with a foreign object to inconsistency in aroma and color. In February 2022, the U.S. Food and Drug Administration (FDA) issued a recall for three brands of powdered baby formulas from Abbott Nutrition due to potential bacterial infections. This came after three reports of Cronobacter sakazakii infections and one report of Salmonella Newport infection in infants, resulting in the deaths of two infants.
Are Baby Formula Manufacturers Responsible For Infections Caused By Formula?
In many cases, the manufacturer responsible for creating baby formula that causes infections will be liable for any damages. For example, in the latest baby formula recall involving Abbott Nutrition, their laboratories manufacture, design, formulate, prepare and test their products. They also label and package, provide the instructions, market the product, and place them into the stream of commerce. As a result, Abbott Nutrition can be held accountable in a product liability case for any illnesses and losses caused by defective baby formula.