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February 4, 2021

Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 

Nursery Product Injuries

When parents place their children in their cribs, or playpens they expect them to be safe. However, the U.S. Consumer Product Safety Commission (CPSC) says that many children are injured by defective nursery products like cribs, bassinets, and playpens.

According to the CPSC in 2011 74,100 children under the age of 5 were treated in an emergency room for injuries received as a result of defective nursery products. The leading causes of these injuries were from falls, which resulted in head injuries. Cribs and mattresses were the types of products responsible for the most injuries, resulting in 43 percent of injuries. However, a significant portion of the injuries were also caused by cradles, playpens, car seats, and baby baths.

Perhaps most shocking is that from, 2007 to 2009 341 infants were reported to be killed from these products.   The majority of these deaths were caused by extra bedding placed in the child’s sleeping area which caused suffocation or asphyxiation. Many of the other injuries were as a result of hazardous crib surroundings such as entrapments between mattresses, cushions, cords, and strings. Unfortunately many of these incidents were caused by defective assembly and repair or defective components; meaning that they could have been prevented with better warning or better manufacturing of products.

Manufacturers of consumer products have a duty to ensure that their products do not place consumers in unforeseen harm when used normally. Manufacturers, retailers, and distributors all may be liable for resulting injuries caused by defective products, including when products that do not contain sufficient warnings.

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  • 10.0Shane L Harward

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