QUESTION
Can my friend sue the mattress company if the baby died from the chemicals in the mattress?
Asked on Sep 06th, 2011 on Personal Injury - Oregon
More details to this question:
My friend's 4 month old baby died from SIDS a few days ago because of the baby's crib mattress having dangerous "flame retardant" chemicals in it even though the government made it a law to have these chemicals in all mattresses. Can she still sue the mattress company?
14 ANSWERS
Gary Moore
Yes.
Answered on Jun 07th, 2013 at 12:31 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Yes, if you can prove the causation.
Answered on Sep 08th, 2011 at 11:15 AM
Yes, if there is negligence on the part of the manufacturer of the mattress and, that negligence was the proximate cause of the baby's death. Your friend should consult with or retain a plaintiff's product liability lawyer for legal advice and legal representation.
Answered on Sep 08th, 2011 at 10:11 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The manufacturer and seller of a product can be held liable for injuries caused by a defect of the product. Your friend would have to prove that there was a defect in the design or manufacture of the product, or that they failed to adequately warn you of potential hazards, which resulted in the child's death. As for the government regulations, there may be a conflict: it is likely that flame-retardant chemicals are required, but it is possible that specific chemicals are not mandated. There may be other regulations that state that hazardous chemicals are not allowed, or that there are limits on the level, etc. One thing to remember, though: unfortunately, the causes of SIDS are not well understood and your friend would have to prove that the chemicals were the cause
Answered on Sep 08th, 2011 at 10:07 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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This is a specialized area of law for products liability. Search for attorneys that handle products liability cases and they should be able to answer your questions.
Answered on Sep 08th, 2011 at 9:27 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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If the government requires the mattress company treat all baby mattresses with the chemicals which allegedly caused the death, then the mattress company cannot be held liable. Had the mattress company not treated the mattresses with the chemicals, then the government would have likely fined the manufacturer or penalized them in a worse way. There is no liability on the mattress company according to your facts.
Answered on Sep 08th, 2011 at 9:21 AM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
SIDS stands for sudden infant death syndrome. They use SIDS to classify deaths of infants where the cause of death is unknown. If you can prove the chemicals caused the death, then yes, there would likely be grounds for a lawsuit. However, there would need to be evidence; it can't just be on a hunch. Like most lawsuits, it would be extremely dependent on the facts and evidence. The first thing you should do is google the manufacturer of the mattress to see if there are any lawsuit already out there.
Answered on Sep 08th, 2011 at 8:58 AM
Criminal Law Attorney serving Centennial, CO
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Law Office of Mark P. Miller
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This is a products liability issue, not a personal injury case (auto accident, slip and fall, dog bite). Hopefully someone who is familiar with that area will respond.
Answered on Sep 08th, 2011 at 8:28 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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I don't think so. But don't give up. Maybe another lawyer will disagree with me.
Answered on Sep 08th, 2011 at 7:31 AM
Workers Compensation Attorney serving West Palm Beach, FL
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Maybe but tough to prove. Depends on what medical records show cause of death and whether they relate it to mattress .
Answered on Sep 08th, 2011 at 5:54 AM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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You must have irrefutable, scientific evidence that the chemicals 1) were present in the mattress, and 2) that the chemicals caused the baby's death. That means at least one doctor and one expert in the manufacture of baby mattresses. If you have that kind of proof, then yes, she can.
Answered on Sep 08th, 2011 at 5:53 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes, however you would have to prove the chemicals were the cause of the SIDS event.
Answered on Sep 08th, 2011 at 5:53 AM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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If the government required them to have these chemicals by law it is a complete defense. If the chemicals were not required you need a doctor to testify that the chemicals caused the SIDS.
Answered on Sep 08th, 2011 at 5:53 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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I am sorry to hear of this tragic accident. It is possible that your friend has a claim for the baby's death. Your friend should contact an attorney and obtain a certified copy of the child's death certificate. That will specify the child's cause of death.
Answered on Sep 07th, 2011 at 3:34 PM