Understanding the Severity of a Suffocation RiskHow hazardous is a risk of suffocation? Without a doubt, suffocation can cause death. Just a few minutes of suffocation could cause the death of an infant. However, suffocation is not exclusively associated with death. Survivors of suffocation could be left with permanent brain injuries. Even though the infant will survive, the permanent brain injuries suffered resulting from the suffocation will likely severely decrease his or her quality of life. Whether your infant lost his or her life or suffered permanent brain injuries as a result of the defective head and neck support accessory recalled by The Boppy Company, you will likely have grounds to take action and pursue a lawsuit. If you would like to learn more about the possibility of filing a claim after a defective product led to your infant’s suffocation, do not hesitate to contact our law firm as soon as possible.
Understanding Product LiabilityAll companies have a duty of care to their consumers. They have the duty to ensure that all their products are safe for consumer use prior to making them available for purchase. This means that they must constantly subject their products to inspections and tests to be able to identify any possible hazards that represent a significant risk to consumers. Companies must address all hazards prior to making their products available for purchase. By failing to identify and address hazards in their products, they are breaching their duty of care to consumers; they are also putting their consumers at risk of suffering harm. When the harm that their consumers suffer is a direct result of their breach of duty, companies could be held accountable for all the harm their consumers suffer. In product liability cases, any defect in labeling, design, or manufacturing, could clearly make the consumer liable for the harm suffered. If you are certain that a product defect contributed to the harm that your infant suffered, do not hesitate to seek legal assistance as soon as possible.
Your Right to Take Legal ActionDo you have the right to take action against the company that negligently made a defective product available to you? If the harm that your baby and your entire family suffered is directly related to the defective product, you will likely have grounds to pursue a claim. What type of claim could you pursue? The answer to that question depends on the specific details of your claim. In general, claimants could take some of the following actions:
- File a product liability claim for the harm (such as permanent brain injuries) caused by the defective product
- File a wrongful death claim for the fatal harm suffered by the victim because of the defective product
- Participate in a class action lawsuit along with more victims of the defective product