QUESTION
What can I do if my child was injured by a product?
Asked on Aug 15th, 2011 on Personal Injury - Ohio
More details to this question:
I purchased a loft bed for both my 3 and 4 year old. My daughter got hurt on it due to a 3 inch gap between the mattress and the bed. I called the company and asked them to exchange it for a safer bed for my kids before they get seriously hurt. They said it wasnt their problem. Now I would like a refund so I could purchase a safer bed from a company that cares about the safety of there customers. The company says there is nothing they will do and nothing I can do. Is there something legal I can do to put my kids in a safe bed before something serious happens?
12 ANSWERS
2 Awards
First of all, it seems to me that you should stop using the bed immediately before something serious does happen. Since your daughter has already gotten hurt and you know of its dangers it might be wise not to use the bed any further. Second of all, there are many product liability cases against crib manufacturers. More information is needed to properly evaluate your specific case.
Answered on Sep 07th, 2012 at 3:53 PM
Alternate Dispute Resolution Attorney serving Edmond, OK
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Woska Law Firm, PLLC
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Contact an attorney familiar with product defects and arrange to meet with the attorney as soon as possible. If the bed has been proven to have caused multiple injuries across the country there may be a class or group considering an action against the manufacturer. If your situation is an isolated example, you may have no recourse against the manufacturer because your claims and damages may be insufficient to persuade a contingency fee attorney to take the case.
Answered on Aug 22nd, 2011 at 12:03 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You can't make them take it back without spending more money on attorneys' fees than a new bed would cost you. Practical advice: file a complaint against the store with your local Better Business Bureau and then file a complaint against the manufacturer of the product with the Consumer Product Safety Commission. Maybe that will get some action out of the manufacturer. It would cost them a whole lot less to replace the bed than defend a personal injury lawsuit if your child is injured.
Answered on Aug 20th, 2011 at 2:18 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Probably not. Replace the bed yourself before your children are injured again.
Answered on Aug 18th, 2011 at 11:29 AM
Products Liability Attorney serving Durango, CO
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Law Offices of Richard Copeland, LLC
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Product liability cases are very difficult and expensive to prosecute. From your description, I see several real problems with the case. The most important is that you have not described a level of damages that would allow any prudent attorney to take on the manufacturer. Another problem is that your description of the problem doesn't convince me that the product is defective. Overall, it sounds like a very difficult case and one that most lawyers aren't going to take, at least not from the description you've given so far.
Answered on Aug 18th, 2011 at 10:40 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Buy a safe bed first. If there is a product design flaw you can sue in a products liability case, but unless the child had a serious injury it would not be worthwhile (the case would not pay for itself) if you are just arguing about the value of a new bed that probably wont work unless the manufacturer is in NC. In that case you might consider the Judge Judy (small claim) court in the county where the manufacturer is located.
Answered on Aug 18th, 2011 at 9:17 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If it can be proven that the product is not reasonably safe for ordinary use, the manufacterer and seller may be held liable for strict product liability and breach of implied warranty. But, proving it can be difficult, expensive and time-consuming. Try reseaching to find out if this manufacturer has already been sued for this defect, or if there has been a recall or government directive.
Answered on Aug 18th, 2011 at 7:04 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You need to speak to an attorney to see if the implied warranty of fitness for a particular purpose is applicable to your situation. For product liability, you can sue the manufacturer, the distributor and the retailer of the item. Before you do any of that, I would try to negotiate with the retailed of the bed. From the sounds of it, your daughter was not seriously injured. Therefore, if the retailer won’t take it back, you can try suing in small claims. Put all of your demands in writing, even if you have spoken to someone at the retailer or the company.
Answered on Aug 18th, 2011 at 6:28 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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There is probably nothing legal that you can do at this time. You could hire an expert in product design to give an opinion as to whether the bed is as unreasonably unsafe design and if it is, file suit to get your money back. The suit will cost you more than the bed (I am assuming the child was not seriously injured and that the child's damages are minimal). I would suggest visiting the Consumer Product Safety Commission and seeing if there are any similar complaints. Regardless of whether there are, there is a place for you to file your own complaint. If enough people complain, it may result in a recall. Also, if any child is seriously injured, a complaint history might be used as evidence in a product liability suit.
Answered on Aug 18th, 2011 at 5:07 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Return it to the retailer who sold it. If they give you hassle, take it up to the store manager. It will usually get you a refund or exchange. Not a big legal issue because the damages are not significant.
Answered on Aug 17th, 2011 at 4:32 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Try returning it to the retailer and complain to the Federal Product Safety Commission.
Answered on Aug 17th, 2011 at 1:59 PM
2 Awards
If the injury was not a serious injury, you should report it immediately to the U.S. Consumer Product Safety Commission and to the store where it was purchased (the retailer). The government has the power to force a recall or to require certain warnings on products, including children's products. If the injury was more serious, you may also want to contact a lawyer.
Answered on Aug 17th, 2011 at 12:24 PM