Crib Hazards Leading to Products Liability Lawsuits
Babies spend many hours in their cribs as they get the rest that they need. Before using a crib, parents should check to make sure that it is safe for their baby. For example, there should not be more than six centimeters (about two and a half inches) between the crib slats, and there should not be any missing or cracked slats. Hardware such as screws or bolts should be properly installed and functional. Cribs should not have cutouts in the headboard or footboard. Corner posts should be tightly attached and not too high. Cribs should not have sharp or jagged edges. The mattress should fit tightly inside the crib, and the components of the crib should fit snugly together.
Parents who notice a problem with a crib after they buy it should stop using it. They should contact the manufacturer for a solution, such as replacement parts, rather than trying to fix the crib on their own. Occasionally, a manufacturer issues a crib recall. This means that it has identified a safety risk affecting certain cribs that it produces. Parents should immediately stop using a crib that is subject to a recall, even if they have not noticed a problem.
Claims Based on Injuries Involving Cribs
A manufacturer may be liable for any injuries caused by a poorly designed or constructed crib, such as when a child falls out of the crib or gets their head trapped in a gap. Liability also may arise when a manufacturer fails to provide proper safety warnings and instructions for assembling the crib. Parents may pursue a product liability claim against a manufacturer regardless of whether it issued a recall.
Most personal injury cases require showing that the defendant was negligent, which means that they did not use the appropriate level of care in the circumstances. In contrast, cases based on defective products generally use a theory of strict liability. This means that the manufacturer is accountable for any defect in its product that caused an injury, regardless of how much care the manufacturer used. Strict liability may make it easier for a victim to recover compensation.
A family can recover compensation for both economic and non-economic forms of harm. Economic harm may include the costs of medical treatment and hospitalization, in addition to any costs associated with a long-term disability caused by an injury. Non-economic harm often relates to the pain and suffering that a child endured.
A product liability lawsuit often will result in a settlement between the manufacturer and the victim. As part of the settlement, the victim usually will sign a release of any further claims against the defendant resulting from the events. This means that they probably cannot get more compensation later if the settlement funds are not enough. Before accepting a settlement offer, therefore, parents should consider whether it fairly compensates their child for the full scope of their injuries.
