Crib defects can be a serious and life threatening issue leading to catastrophic child injuries. Often times we entrust these products to safely protect our children. When such products fail to meet certain criteria then manufacturers, distributors, retailers and day care facilities can be liable. If your child was injured from the use of a crib, you may be entitled to damages for your injuries.
Pre-School and Day Care Liability for Crib, Playpen, and Crib Defects
Day care centers who take responsibility for the safety and care of your child can be liable when they fail to act appropriately. When your child is injured at such facilities it is important to obtain a full incident report to better understand what happened and determine who is at fault. Day care facilities who provide cribs for infants must meet certain requirements. They are required to meet certain height requirements to avoid injury; the cribs cannot limit staffs ability to observe and monitor the infant and cannot prevent the infant from standing upright. Additionally, there are a number of other requirements with regards to the mattress requirements. If your child has been injured at a day care facility you may be entitled to compensation for your loss. Liability can also be extended if the facility fails to properly arrange or organize the facility.
What Makes a Crib Unsafe: Defective Crib Design and Manufacturing
Child day care centers can be liable when they use defective cribs on the premises. Defective cribs can include full-size or non-full size cribs which cause injury as a result of some type of design or inadequate label defect. Often times such facilities remanufacture retrofit or modify these cribs. When this occurs they are essentially altering the safety mechanisms and engineering of the cribs. A crib can be considered unsafe or defective when they fail to perform in accordance with their intended purpose. This can include any of the following:
- Corner post exceeding a certain requirement;
- Improper spacing between slats;
- Inadequate mattress support which can be dislodged;
- Cutouts place on end panels;
- Inadequate rail dimensions and or heights;
- Improperly fastened or secured bolts or hardware; or
- Edges, surfaces or points that are sharp, cracked or not smooth
In such cases it is important to preserve any photos you have of the crib in order to have it viewed by an expert.
Common Injuries resulting from defective Cribs and Playpens Injuries can range from serious to minor depending on the type of harm and the degree of negligence. Injuries include:
- Sudden infant death;
- Nerve damage;
- Soft tissue damage;
- Head contusions;
- Minor head injuries;
- Traumatic brain injuries;
- Broken arm, nose, fingers or leg
While this is not a complete list, it does outline some of the more serious types of injuries. If you have been injured treatment for a child can be serious. Treatment for both present and future harm can be expensive and considered in any settlement.
What Can I Recover my Child’s Injuries: Crib Defect Liability
Recovery can include what is known as a possible parental claim and a claim for the infants or child’s damages. Generally a parental claim for loss of services and harm they suffered has a one year statute of limitations. However, the child’s claim is tolled until the child reaches the age of majority, which in most jurisdictions can be 18 years of age. It is important to seek legal advice with regards to your claim to better understand whether a cause of action exists. Often times many clients fail to seek legal assistance until the statutory period has expired or the access to necessary evidence has been disposed. Our office offers a free consultation with regards to your case and can assist you in every step of the way.
Choosing an Attorney: Our Team of Expert Product Defect Lawyers can Help When choosing your attorney consider a number of different factors, experience, history and knowledge. Experience in the field of product liability is critical. This is not just a personal injury claim, but also a claim against the manufacturer or distributor of the product. It requires experience in understanding how to litigate and proceeds against the parties at fault.
OUR NO RECOVERY NO FEE AGREEMENT: You WILL NOT Be Charged a penny UNTIL you receive compensation for your Injuries; And we will work diligently so that we can maximize your settlement for the injuries you had to endure. Our Los Angeles crib defect attorneys can help you with your recovery. We have access to experts, doctors and other specialist to help organize a strategy for your case. If your child has been injured or suffered more serious injuries contact Downtown LA Law today for a free case evaluation. Child day care negligence attorneys at Downtown LA Law have the experience and knowledge to help you procure maximum results.