How Families Can Pursue Product Liability Claims for Unsafe Infant Products
The Consumer Product Safety Commission (CPSC) has taken significant steps to protect infants by approving a new rule that establishes strict safety standards for infant support cushions. This decision, made in October 2024, addresses a long-standing safety concern involving products that pose a suffocation risk to infants. The new rule covers a range of infant support cushions, such as infant loungers, cuddle pillows, and wedge pillows, which have been responsible for numerous infant deaths and injuries over the years. According to the CPSC, at least 79 deaths and 124 non-fatal incidents have been linked to these products between 2010 and 2022.
The ruling was a much-needed response to the dangers posed by these products. Despite earlier bans on similar items, newer designs emerged that fell outside existing regulations, allowing unsafe products to enter the market. These cushions, often marketed as aids for sleeping or feeding, can conform to a baby’s face, leading to suffocation. This risk is particularly acute for infants, who are not yet capable of repositioning themselves if their airway becomes obstructed.
For families affected by these hazardous products, the emotional and financial toll can be overwhelming. However, those who have suffered harm due to defective infant support cushions may be able to file product liability lawsuits to seek compensation for their injuries or losses. Understanding the legal process and the potential damages available is essential for families navigating these difficult situations.
How Infant Support Cushions Harm Families
Infant support cushions have been responsible for numerous fatalities and serious injuries, primarily due to suffocation risks. These cushions, which are often too soft or inadequately designed, allow a baby’s face to become compressed, restricting their ability to breathe. This can occur within minutes of placing an infant on the cushion, especially during unsupervised naps or overnight sleeping.
The most tragic outcome of using these unsafe products is infant death, but even non-fatal incidents can result in long-term medical complications. Babies who survive a suffocation event may suffer from brain injuries caused by oxygen deprivation, leading to developmental delays, cognitive impairments, and physical disabilities. For families, these outcomes often result in years of medical treatments, therapy, and care, in addition to the emotional distress of seeing their child suffer.
These harms are not limited to physical injuries. Many families experience profound emotional trauma, and the financial burden of caring for an injured child can be overwhelming. Medical bills for treatments, ongoing care, and other related expenses can quickly add up, further straining a family’s resources. Fortunately, product liability law provides a pathway for affected families to seek compensation for their losses.
Filing a Lawsuit for Infant Support Cushion Injuries or Deaths
Families who have lost a child or whose child has been injured due to an unsafe infant support cushion may have the right to pursue a product liability claim against the manufacturer or retailer of the product. These lawsuits are based on the premise that companies that design, manufacture, and sell infant products have a responsibility to ensure those products are safe for use. When they fail to meet this responsibility, they can be held liable for any resulting harm.
To bring a product liability claim, families must demonstrate that the infant support cushion was defectively designed, manufactured, or marketed. This could mean showing that the product’s design inherently posed a suffocation risk, that the manufacturing process failed to meet safety standards, or that the product was sold without proper warnings about the potential hazards.
The legal process begins with gathering evidence, including medical records, the product involved, and any relevant reports or recall information. An attorney experienced in product liability cases will review this evidence to determine the strength of the case and identify all potential parties who may be held accountable, such as manufacturers, retailers, or distributors.
Once the lawsuit is filed, both sides engage in discovery, a process where information is exchanged to build each party’s case. During this phase, your attorney may obtain internal company documents showing the manufacturer’s knowledge of the product’s risks or uncover instances where similar injuries occurred. This evidence can be crucial in proving liability and securing a settlement.
In some cases, a settlement may be reached before trial, allowing families to receive compensation without the need for prolonged litigation. If a settlement cannot be reached, the case may go to trial, where a judge or jury will decide the outcome based on the evidence presented.
Why Families Need an Attorney for Infant Support Cushion Lawsuits
Navigating the legal system without an attorney can be a daunting task, especially when taking on large corporations with substantial legal resources. Having an experienced attorney on your side ensures that your rights are protected and that you have a strong advocate fighting for the compensation you deserve.
An attorney will handle every aspect of the case, from filing the initial claim to negotiating with the manufacturer’s legal team. They will ensure that all deadlines are met, including the statute of limitations, which is the time limit for filing a product liability lawsuit. Additionally, your attorney will gather the necessary evidence, consult with medical experts, and present a compelling case that demonstrates the harm caused by the defective product.
One of the most important reasons to hire an attorney is to ensure that you receive full compensation for your losses. This includes both economic damages, such as medical expenses and lost wages, and non-economic damages, such as pain and suffering. In some cases, punitive damages may also be awarded if the manufacturer’s conduct was particularly reckless or negligent.
Damages Available in Product Liability Lawsuits
Families who file product liability lawsuits may be entitled to various forms of compensation. Economic damages typically cover the financial costs associated with the injury, including medical bills, rehabilitation, and any ongoing care that the child may need. If the infant tragically passed away due to the product, economic damages could also cover funeral and burial expenses.
Non-economic damages, on the other hand, address the emotional and psychological toll of the injury or death. This includes compensation for pain and suffering, loss of companionship, and the emotional trauma that comes with losing a child or caring for an injured one.
In certain cases, courts may also award punitive damages, which are meant to punish the manufacturer for particularly egregious behavior. These damages are often awarded when the company acted with reckless disregard for consumer safety, such as knowingly selling a dangerous product without taking steps to correct the defect.
.svg){kind=small}
.avif)
.avif)