The consumer product safety commission has recalled two million baby bath seats
under the brand name Mother’s Touch Deluxe Baby Bathers manufactured by Summer Infant Inc. a corporation based on Woonsocket Rhode Island. The defectively child bather baby seats has been the cause of some serious infant injuries including skull fractures and other serious head injuries. Such injuries can result in permanent brain damage and a loss or reduction of a Childs cognitive abilities and future behavioral and physiological damage.
Filing a Defective Product Lawsuit against the makers of Baby bathers
Defective Product claims
against manufacturers are often difficult requiring legal representation, investigation as to the cause of the injury, and, expert witnesses. Generally there are three ways in which a plaintiff can prove in the court of law a product was defective. (1) A Design Defect (2) A manufacturing defect or (3) A Failure to warn of known dangers defect; also referred to a labeling defect.
: Manufacturing defects take place when there is a mistake in the manufacturing method, which causes the manufactures good to be different from its intended design. The product will be considered defective when it is different from its original design, even though care was exercised to avoid this issue.
Product Design Defects
: A design defect takes into consideration the overall design of the product. If the original design of the child baby bathing seat was inherently dangerous and there were alternative and less dangerous designs that could have been implemented without a drastic increase in the cost of the product then in the court of law it can be shown that the product was defectively designed
Product Labeling Defects
Manufacturers have a duty to warn consumers of the known dangers from the use of the product. If the manufacturer does not adequately warn of a known risk then it can be held liable for injuries which take place from the product use. While manufacturers are not required to warn of obvious dangers, the courts apply an objective test to determine knowledge.
Child and Infant Baby Bather Injury Attorney
If your child has suffered injuries
due to a recalled Mother’s touch baby bather produced by Summer Infant Inc. contact our Product defect law firm. Our legal team can advise you as to be best legal course of action so that your child can receive full and just compensation for injuries suffered.