What Are Defective Children’s Products?
Any product designed, manufactured, or sold to children that causes injury, illness, or loss of life (when used as directed) is considered defective.
The U.S. Consumer Product Safety Commission (CPSC) recalls hundreds of products every year because they cause or contribute to injury, illness, or loss of life. Every year, approximately 100 of the CPSC’s recalls include products designed, manufactured, and sold for use by infants, toddlers, and children.
Incorrectly designed or poorly tested products are considered defective designs. For example, “flame retardant” pajamas made from flammable materials.
Failure to Warn
A product might be correctly designed but causes harm because of incorrect or inadequate instructions or labels. For example, a child’s dresser might tip over if not properly anchored to the wall.
Some products become harmful during the manufacturing process. These result from an error or omission when the product was made, such as faulty brakes on a tricycle.
Commonly Recalled Products
Whether it’s a defective design, failure to warn, or a manufacturer’s failure, the following are commonly recalled products for children:
- Pacifiers, bottles, child dinnerware
- Cribs and playpens
- Car seats, high chairs, and booster seats
- Changing stations, beds, and other types of children’s furniture
- Strollers, walkers, tricycles, bikes, and riding toys
- Clothing, including shoes, pajamas, and accessories
The CPSC also routinely recalls products that harm children due to their age, size, and decision-making abilities.
Where to Check for Recalls
You can check the Consumer Product Safety Commission’s website for the latest recalls. You can search by product type, model, or serial number.
To help protect your family from defective products, use the CPSC search feature for product information before you buy.
Do You Have a Case for Product Liability?
As a consumer, it is up to you to use products as directed or intended. But when a product creates unexpected harm, you may pursue compensation for resulting injuries and damages.
A defective children’s product lawyer can assess your situation to determine negligence:
- The manufacturer, distributor, supplier, or retailer failed to meet reasonable safety expectations in the product’s design, marketing, or manufacturing.
- The product is defective or dangerous when used as intended in the same manner as another reasonable person.
- This product defect caused injury and loss.
Pennsylvania has specific guidelines for product liability lawsuits, including a two-year statute of limitations. If you miss this deadline, you could lose your only chance to recover financial compensation.
Which Type of Liability Applies?
There are different types of liability in a defective children’s product claim.
Negligence means that a business owed you a duty of care to take reasonable safety measures when designing, marketing, or manufacturing a product. The company breached this duty either by recklessness, failure to act, or intentional disregard.
A business could be liable for your injuries and losses even if they did not intend to cause harm.
Breach of Warranty
Under this type of liability, a business failed to uphold its commitment to a product’s performance or service life.
Compensation for Defective Children’s Product
You may deserve compensation for all the ways that a defective product affected your family, including:
- Emergency medical care
- Ongoing medical treatment
- Diminished quality of life
- Pain and suffering
- Wrongful death
Recovering compensation for a defective children’s product not only helps you recover from the financial toll of your injuries — getting justice and making companies pay for the harm they cause helps make children’s products safer overall. A Lancaster defective children’s product attorney can take an objective view and explain what to expect.
Let Atlee Hall Get Justice for Your Family
You deserve to know your rights and legal options if a dangerous children’s product hurts you or your child. Companies that make or sell dangerous products should be held accountable, and the defective children’s products lawyers with Atlee Hall can help.
We have been working with victims of defective products for years. We will investigate, collect evidence to prove negligence and liability, retain experts when necessary, and fight for everything you are entitled to by law.