New Toddler Bed Safety Standards Reminder of the Danger Posed by Defective Children's Products
The U.S. Consumer Product Safety Commission (CPSC) has approved a new mandatory standard to improve the safety of toddler beds.
The CPSC has reported 122 accidents that have happened between the years of 2005-2010, including four deaths and 43 injuries, due to unsafe toddler beds. There are already voluntary standards in place but these new federal standards add even more protection.
The new federal standard requires the following:
- The upper edge of the guardrail must be at least five inches above the toddler bed's mattress.
- Spindle/slat strength testing for toddler beds must be consistent with the testing required for crib spindles/slats.
- Separate warning labels to address entrapment and strangulation hazards must appear on toddler beds.
This is coming on the heels of a large recall of Infant Bed-Side Sleepers. CPSC and Arm's Reach Concepts Inc. are recalling 76,000 of these sleepers because there have been several reports of babies falling from the raised mattress onto the floor or getting trapped between the side of the sleeper and the edge of the mattress. If children are trapped in this way, they can suffocate.
Any type of crib that converts to a toddler bed must comply with the new standards as well. The standard will go into effect six months after publication in the Federal Register for toddler beds manufactured or imported on or after that date.
The CPSC implemented new standards for cribs last year as well. They banned all drop-side cribs, which have caused 32 infant and toddler deaths since 2000 and were suspected in 14 other deaths. By June of this year, all cribs on the market in the U.S. will need to have fixed sides and any business out there that provides them will have one year in which to replace any of their drop-down side cribs.
Some of the more common causes of child injuries and deaths involving consumer products are entrapment, choking, falling, and suffocation. It is the manufacturer’s responsibility to ensure that its products are free from any defects that could cause a child serious injury.
Product liability law provides a legal basis for relief if a manufacturer places a product on the market that causes injuries because it is defective or unreasonably dangerous. Companies that manufacture products are usually in the best position to prevent defective products from entering the marketplace, which is why they are held accountable. Manufacturers may be liable for injuries caused by their defective or unreasonably dangerous products even if they were not negligent.
There are a few things that the plaintiff must do in a product liability case:
- The injured party must prove that there was a design or manufacturing defect in the product or that the manufacturer did not adequately warn of the product's possible dangers.
- The plaintiff must prove that the product caused the injuries.
- The aggrieved party must also establish that they were in fact using the product in the way that it was intended to be used, or that the manufacturer should have foreseen that the product could be "misused" in a particular way.
Manufacturers have a responsibility to warn consumers of a product's potential dangers and instruct product users regarding any appropriate precautions. Warnings must be clearly visible and the risks must be clearly explained.
If a defective or unreasonably dangerous product has injured your child, the experienced Georgia product liability attorneys at Montlick and Associates can assess your case and advise you regarding your legal options. Montlick and Associates has been representing children injured in all types of accidents throughout Georgia for over 27 years, including situations involving defective and unsafe products. Our attorneys fight hard to protect our clients' rights and to get them the compensation they deserve.
Our defective children’s products lawyers are available to assist clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.