Product Liability2022-05-03T11:41:05-04:00

Product Liability

What is Product Liability?

When a consumer purchases a product, they expect the product to perform safely. Unfortunately, this isn’t always the case. Defective and unsafe products can cause serious injury to consumers.

How Can a Manufacturer be Held Liable in a Products Liability Case?

Product liability cases typically fall within one of these categories:

  • Defective Manufacture
    • Failure to provide adequate warnings or instructions regarding proper use
  • Defective Design

Products that have been defectively manufactured or with flawed designs may cause injury, even death, to consumers. Many times, the injured consumers are children.

Berger Montague’s skilled products liability attorneys have represented individuals harmed by defective and unsafe products for decades. Some of the cases we are currently litigating include:

Fisher-Price Rock ‘n Play Sleeper Suffocation Risk

In April 2019, Fisher-Price recalled 4.7 million Rock ‘n Play Sleepers after the federal Consumer Product Safety Commission (CPSC) linked the product to over 30 infant deaths in 10 years. That number is now over 50 infants who have died while using the Fisher-Price Rock ‘n Play. The fatalities occurred in the Rock ‘n Play Sleepers after infants rolled over while unrestrained.

Two weeks later after the Fisher-Price recall, another manufacturer Kids II announced that it was recalling 694,000 of its rocking sleepers following the deaths of five infants over a seven year period.  The Kids II recall included all models of its rocking sleepers and were sold at Walmart, Toyrs R Us and Target. A full list of the recalled product names and style numbers are available on the CPSC website.

In June 2021, Fisher-Price announced another recall, this time for 120,000 of its 4-in-1 Rock ‘n Glide Soothers and 55,000 of its 2-in-1 Soothe ‘n Play Gliders after four infant fatalities connected with the Rock ‘n Glide Soother.

Rock ‘n Glide

In December 2019, Graco recalled 51,000 of its inclined sleepers for the same suffocation risk.

Berger Montague’s work on behalf of those injured by products, in addition to obtaining compensation for the injured, puts pressure on manufacturers to design and manufacture safer toys, furniture, automobiles, and other consumer products.

If your child has been seriously injured by a defective or dangerous product, including an inclined sleeper, call the attorneys at Berger Montague for a free case evaluation. INSERT NUMBER.

Furniture Tip-Over Lawsuit

Every year, thousands of people are significantly injured when common household furniture items like tables, chests, dressers and shelving units tip-over and crushes an individual, usually a child. According to the U.S. Consumer Product Safety Commission (CPSC), there were approximately 25,500 emergency department visits due to tip-over injuries between 2017 and 2019. Of the reported injuries, 11,300 involved children under 18 years old. Of the reported fatalities, 82% involved children between 1 month and 14 years.

Furniture tip-overs often occur when an individual, usually a child, attempts to climb a piece of furniture. If a product is designed and constructed with too small a footprint or is top heavy, this can lead to instability and the product can tip over with minimal force.

Common Furniture Tip-Over Injuries

– Lacerations
– Internal organ injuries
– Fractures
– Brain damage or traumatic brain injury

How Can I Protect My Children from Tip-Over Injuries?

One way to protect young children from furniture tip-overs is to secure the furniture to the wall with a wall anchor. Usually however, if a furniture manufacturer has started an anchoring campaign, someone has already been harmed by their product.

The CPSC has created a national campaign called “Anchor It!” to educate the public and provide awareness of how to prevent furniture tip-overs. Information on how to anchor furniture can be found here.

The CPSC recommends securing top-heavy furniture with inexpensive anti-tip brackets. New furniture often comes with anti-tip devices and should be installed right away. The CPSC also recommends removing objects from the top of furniture that may tempt kids to climb

If your child was injured from a tip-over, the attorneys at Berger Montague can help and provide complimentary consultations.

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