Read Also— Fisher-Price Recalls Baby Sleepers — Kids II Recalls Rocking Sleepers Due to Infant Deaths — Baby Sleepers Lead to Infant Fatalities
Baby Sleepers Represent a Significant Danger to InfantsThere have been a number of recalls surrounding baby sleepers recently due to a suffocation hazard. More specifically, infants can roll from their backs onto their sides or stomach (when they are unrestrained on the sleepers) and suffocate. Some statistics show that about 3,500 infants die every year due to suffocation associated with sleeping conditions. Although suffocation due to baby sleepers generally results in death, it is possible for infants to survive and suffer permanent injuries. It only takes a few minutes of oxygen deprivation for permanent brain damage. When oxygen deprivation is extended, innocent infants lose their lives. Regardless of whether suffocation on a baby sleeper causes permanent brain damage or death, the harm suffered can be directly associated with the baby sleepers.
Liability for the Harm Caused by Defective ProductsWho is liable for the harm caused by baby sleepers? All companies have a duty of care towards their consumers. They must take the appropriate action to ensure that all their products are safe to be used as intended by their consumers. Before making their products available for purchase, companies must inspect and tests their products to identify (and address) and hazards that could pose a risk to their consumers. When companies fail to ensure that their products are safe for consumer use, they are breaching their duty of care – which could directly result in harm. Companies, including companies that sell baby sleepers, can be found liable of any harm suffered by infants as a direct result of product defects in labeling, design, or manufacturing. Because companies can negligently make defective products available for purchase, they could be found liable and sued. Do you have the right to sue if your infant suffocated and suffered brain damage or died because of a defective baby sleeper? Given that the harm that your infant suffered could be directly associated with a defective product (which establishes that the company was negligent), you could pursue a lawsuit against the company and hold them accountable for the death of your infant.
You Have the Right to Receive CompensationWithout a doubt, you could file a claim against Dorel Juvenile Group USA if their baby sleepers contributed to the harm that your infant suffered. If you could file a claim, could you receive compensation? Your right to receive compensation depends on the specific details of your claim. Your infant suffering permanent brain damage or losing his or her life as a direct result of the negligence of a company is likely enough to make you eligible to receive compensation. How much compensation could you receive? What type of compensation could you be eligible to recover? Depending on the specific details of your claim, some of the compensation available for recover might include the following:
- Medical expenses
- Pain and suffering
- Loss of consortium
- Funeral and burial costs
- Punitive damages
What Should You Do?What should you do after your innocent child suffocated due to a baby sleeper? Whether your infant’s suffocation resulted in permanent injuries or death, there are a number of things that you should do to ensure that you could sue the company that contributed to the harm that your child suffered. Consider the following recommendations:
- Seek immediate medical evaluation. The cause of injury (or the cause of death) must be clear.
- Contact the company to report the incident and inform them of the harm that their defective product caused.
- Do not send the baby sleeper back to the company under any circumstances.
- Do not agree to a voucher or a refund – the harm that your infant suffered is worth more than any voucher or refund that the company could possibly offer.
- Keep all records associated with the purchase of the defective baby sleeper.
- Keep any documents associated with the harm that your child suffered.
- Seek legal assistance to learn more about your right to take action against the company.