Expectant parents typically buy a variety of items in anticipation of their children, including cribs. People generally presume that cribs will provide a safe sleeping environment for their children. Unfortunately, hundreds of children suffer injuries each year due to defective cribs, and in many cases, the injuries are severe or fatal. If your child sustained injuries in an accident caused by an unsafe crib, you may be able to recover significant damages, and you should meet with a lawyer as soon as possible. The capable Cape Cod product liability attorneys of The Law Offices of John C. Manoog, III, understand the devastation caused when children suffer preventable injuries, and if you hire us, we will zealously pursue the best outcome possible in your case. Our lawyers have more than one hundred and fifty years of collective experience seeking compensation from companies that sell defective goods, and our dedicated advocacy has enabled us to recover many multi-million dollar verdicts and settlements for our clients.Injuries Commonly Caused by Defective Cribs
A variety of defects in cribs can lead to injuries. For example, brackets that connect the crib to the mattress support can become disconnected or shift, which can cause a gap or uneven sleeping surface, leading to cuts, falls, or entrapment. Similarly, crib slats may separate from headboards, and gaps may develop between mattress supports and side rails, which can cause a child’s limbs to become caught and can lead to suffocation. Children can also suffer harm due to the use of dangerous materials in the crib, such as lead-based paint or stains or carcinogens.Damages Claims Arising Out of Injuries Brought About by Defective Cribs
The parents of children who suffer injuries due to unsafe products typically want to hold someone accountable and frequently pursue damages in a product liability claim. Plaintiffs in product liability actions will usually assert strict liability claims against the defendant. In other words, they will allege that the product in question suffered from a defect that rendered it unreasonably unsafe and that the defect was present when the crib left the defendant’s control. The plaintiff must also show that the crib was being used as intended, but the defect caused the plaintiff or the plaintiff’s child to suffer harm regardless.
A crib may be unsafe because of a marketing defect, like the failure to warn of the risks associated with its foreseeable use. Cribs may also be unsafe due to design flaws or errors that were made during the manufacturing of the product. Notably, a plaintiff is not required to prove the defendant acted negligently, carelessly, or with intent to establish fault in a strict liability claim.
A plaintiff may be able to pursue claims in addition to strict liability as well, like negligence or breach of warranty. Unlike strict liability, a negligence action requires a plaintiff to show that the defendant failed to act reasonably. Specifically, the plaintiff must prove that the defendant owed the plaintiff a duty to act with due care but that the defendant breached the duty owed by selling a defective product, which ultimately caused the plaintiff to suffer harm. Product liability cases are complex typically require scientific evidence, like testimony from an engineering or design experts who can explain to the judge or jury the manner in which the product was defective.Confer with an Attorney on Cape Cod
Products that are designed for infants and children should be safe, but when they are not, it can lead to significant injuries, and companies that negligently distribute unsafe products should be held accountable. If your child suffered injuries due to a defective crib, it is advisable to confer with a lawyer who can assess and gather evidence related to your possible claims. The trusted attorneys of The Law Offices of John C. Manoog, III, can advise you of your rights and help you to pursue the full amount of damages you and your child may be owed for your losses. We regularly represent people in product liability cases on Cape Cod. We are available to meet with clients in Plymouth and Hyannis. You can contact us to schedule a conference at (888) 262-6664 or via the online form. Nós Falamos Português.