Few things in life are more heart-shattering and tragic than the serious injury or death of a baby due to a defective or malfunctioning product. As a parent, you likely put a lot of trust in infant products assuming (understandably so) they were thoroughly tested prior to being sold.
Although most infant products are safe when used correctly, some dangerous products inevitably make it to market. The hazards these products pose typically have to do with faulty designs, manufacturing flaws and insufficient warnings about the potential risks of using or misusing a given product.
In recent years, there have been several infant product recalls related to safety concerns and risk of severe injury and death. To prevent a potential accident, it’s important to know which popular baby items pose a threat to your child’s safety. If you own any of the items listed below, consider getting rid of them or at least make sure they’re being used correctly and under the supervision of an adult:
- Sleep positioners
- Bumbo seats
- Rock’n Play Sleepers
- Crib bumpers
- Walkers
- Drop-side cribs
- Bath seats
- Sling carriers
- Boppy Loungers
- Low-hanging mobiles
Who Is Liable for Defective Infant Products?
There are scenarios where manufacturers prioritize profit over quality and consumer safety. They may be eager to release their product on the market and bypass quality inspections and necessary testing.
However, no manufacturer wants to injure babies, and most realize that cutting corners and releasing products that hurt infants can cause grave damage to their reputation and future profitability. There are many inadvertent mistakes that happen, especially when it comes to designing and testing products for every potential use case scenario.
A situation in which a manufacturer knowingly cuts corners may rise to the level of negligence, but negligence is not required in product liability cases. Product injury claims fall under the umbrella of strict liability.
Plaintiffs don’t need to prove the manufacturer did anything wrong or was negligent. The parent of an injured child only needs to prove they used the product as intended and a design flaw, manufacturing defect or inadequate instructions/warnings led to an injury.
If your child has been injured by an unsafe product, you have every right to hold the manufacturer, distributor or store liable for releasing or selling a faulty product.
What to Do if Your Child Has Been Injured by a Defective Infant Product?
The first step after your child has been injured is to seek medical help. You may have to take your child to the nearest emergency room or urgent care. If the injuries are severe, it’s likely best to call 911 and summon help to your location.
Prompt medical intervention is critical in preventing serious health complications, but it can also save you from running into obstacles when you file a personal injury claim on your child’s behalf.
Once your child is medically stable, it’s time to begin the process of filing a claim:
- Take pictures of your child’s injuries and collect all medical records and bills pertaining to their medical treatment.
- Do not get rid of the defective product or attempt to fix it. Save any documentation, such as receipts and packaging that can help prove you purchased the faulty item.
- Avoid posting on social media about the accident. The information you share can be obtained by the liable party’s attorneys and potentially be used as evidence against your claim.
- Secure legal representation. It’s likely in your best interest to file a personal injury claim against the liable company’s insurance carrier with the help of a product liability lawyer. Ensure your attorney has trial experience and won’t hesitate to take your case to court if the defendant’s insurance company isn’t willing to make a fair claim payment.
- Allow your personal injury attorney to negotiate a fair settlement on your child’s behalf.
- If the attorney cannot negotiate a fair settlement, consider filing a personal injury lawsuit where a judge or jury can decide the amount of compensation your child deserves.
Contact an Experienced Product Liability Attorney in Houston
If your child has been hurt by a defective product, it may be helpful to contact a product liability attorney and discuss your child’s rights.
At the Weycer Law Firm, our skilled and dedicated attorneys have decades of experience helping product liability victims and their families get the justice and compensation they deserve.
We’ll aggressively advocate on your child’s behalf so you don’t have to take on a large and powerful corporation on your own.
To discuss your case for free, call our Bellaire office at (713) 668-4545 or send us a message.