On July 24, 2014, Mayborn USA, Inc. recalled approximately 25,000 of its baby monitors in the United States and another approximately 3,500 in Canada for a strangulation hazard. According to the U.S. Consumer Product Safety Commission (CPSC), the baby monitors, called Tommee Tippee Movement and Sound Baby Monitors with Sensor Pad, have a ten-foot cord that runs from the monitor pad to the baby monitor unit, which creates a danger to children. Children can pull the cords into their cribs and wrap them around their necks, resulting in fatal or non-fatal strangulation. Both model numbers 1082S and 1094S are being recalled and were sold at Toys “R” Us/Babies “R” Us stores and Amazon.com since September 2011. The CPSC has instructed consumers to immediately remove the cords from their children’s reach and to contact the manufacturer for a free kit that includes a rigid protective cord cover through which the cord can be threaded.
Defective children’s products, such as the baby monitors recalled by Mayborn USA, all too often cause injuries and wrongful death to children. If your child has been injured or killed as a result of a defective children’s or other product, you may be entitled to compensation through legal action instituted by a child injury or defective products lawyer. Nationally recognized attorney Jeff Killino and his team of child accident and injury lawyers have extensive experience with all types of cases involving injury or death to children through someone’s negligence or a defective product, including those related to products that are specifically intended for use by or near children. If your child has been injured or killed while using a defective children’s or other product, or through someone’s negligence, attorney Killino will fight for the justice you and your family deserve.
Legal Liability for Injuries or Deaths Caused by Defective Children’s or Other Products
The law of products liability governs actions seeking damages for injuries or deaths caused by a defective product. These actions may be brought by the injured plaintiff or, in the case of a victim’s death, by the survivors of the victim. When the victim has been killed as a result of a defective product or someone’s negligence, the action will be brought as a wrongful death action, which is governed by the laws of the state in which the action is brought. Though wrongful death law may vary somewhat from one state to another, wrongful death actions are generally allowed to be brought by a victim’s immediate family members, such as a spouse, parents, or children of a victim. The damages sought in such cases are the damages suffered by the plaintiff family members as a result of the victim’s death.
Product Liability Law
The product liability law of the state or jurisdiction in which an action is filed will govern a particular product liability action. Though the law differs somewhat from state to state, product liability actions may be brought, in most jurisdictions, in the form of negligence, breach of warranty, or strict liability actions.
When the action is brought to recover damages for someone’s personal injury or death, the strict liability action form of product liability is usually employed. This allows a plaintiff to establish liability on the part of all defendants without the necessity of proving negligence or fault by any of the defendants. In order to “make his or her case,” the plaintiff need only establish that a defect in a product existed at the time the victim was injured or killed, that the defect was a cause of the victim’s injury or death, and that the injury or death resulted in legally compensable damages to the plaintiff.
The defendants subject to liability in such strict liability actions generally include the product’s designer, manufacturer, supplier, assembler, retailer, and others in the chain of a product’s distribution. If a component part of a defective product was designed and/or manufactured by an entity or entities other than those that designed and manufactured the product as a whole, those entities may be made defendants, as well.
Negligence Law
In many cases, the negligence of an individual or entity may have combined with a product defect to cause someone’s injury or death. When this occurs, the negligent person or entity, in addition to the defendants that may be found liable through a product liability action, may be subject to liability for the injury or death through the institution of a negligence action. If, for example, a daycare center employee was negligent in supervising a child entrusted to the employee’s care and the child was injured or killed by a defective product as a result of the employee’s negligent supervision, the daycare center employee may be found liable in a negligent action for the child’s injury or death.
In the case of a child caregiver who has been employed by an agency or daycare center, the employer, in addition to the employee, may be found liable for the child’s injury or death. If, for example, a daycare center is found to have been negligent in screening, hiring, training, and/or retaining an employee and the employee’s negligence is found to have been a cause of a child’s injury or death, the daycare center may be found directly liable for the child’s injury or death. Even if the daycare center was not negligent itself, the center, as a negligent person’s employer, may be held vicariously (indirectly) liable for the injury or death caused by its employee’s negligence.
Obtain Expert Assistance from Child-injury Attorney Jeff Killino
You and your family deserve justice from anyone who has injured your child through negligence or a defective product. Child-injury attorney Jeff Killino has dedicated his practice to fighting for the rights of children who have been injured or killed in this manner. If a defective children’s or other product, or someone’s negligence, has caused your child’s injury or death, attorney Killino and his team of child injury and wrongful death attorneys will help you obtain the compensation to which you and your child are entitled.
