If you are the parent of an infant or toddler, you probably already know that there are more baby products on the market than ever before. When choosing from a seeming multitude of options, how can you be assured that you are buying a product that is safe, rather than a potentially dangerous product that may eventually become the subject of a Massachusetts product liability lawsuit?
The unfortunate fact is that you cannot know, with absolute certainty, which items are safe, and which are not. However, there are some ways to research a particular product before making a purchase.
The federal government has a website that is somewhat of a “clearinghouse” for recalls and product advisories concerning several different products, including consumer products aimed at children and child safety seats.
How to Research Potentially Dangerous Products
By going to the government’s recall website, you can find out the very latest information about many different types of products. For example, the Fisher-Price company recently issued a recall of a popular “sleeper” device marketed to the parents of young infants. According to the website, about 4.7 million of these products (which are made in China) have been sold since they were first introduced about 10 years ago.
During that same period, approximately 30 babies have allegedly died while using the sleeper. Some of these infants may have perished after rolling over in the device. Some experts on infant mortality, including deaths caused by sudden infant death syndrome (SIDS), recommend placing an infant on his or her back while sleeping. A product that allows a baby to get into a position in which he or she is restrained while on his or her stomach could be very problematic.
Take Action Against Dangerous Products
If you believe that you or a loved one has been hurt by a dangerous product, you can contact the Consumer Product Safety Commission online or via telephone at 800-638-2772. This step can help set in motion a product advisory or eventual recall. However, a recall does not provide money damages to those who have been hurt by a faulty product. In order to obtain such a remedy, it is usually necessary to file a product liability lawsuit against the maker or seller of the item in question.
In a Cape Cod product injury case, the plaintiff has the burden of proving liability against the defendant. Depending upon the circumstances, the plaintiff’s theory of liability may include defective design, manufacturing defect, failure to warn, strict product liability, negligence, and/or breach of warranty.
Speak to a Cape Code Product Injury Attorney
The Law Offices of John C. Manoog III, in Hyannis and Plymouth handle a wide range of product liability lawsuits, including those involving defective child products, toys, and sports equipment. For a free consultation, call us at 888-262-6664. Please keep in mind that product liability lawsuits must be filed in a timely fashion, as claims not filed within the applicable statute of limitations and/or statute of repose will most likely be dismissed without consideration of the merits of the plaintiff’s claim.