January 29, 2013

U.S. Consumer Product Safety Commission Issues Recall Of Defective Infant Recliners

by Levin & Perconti

Recently, the U.S. Consumer Product Safety Commission (“USPSC”), along with retailers Buy Buy Baby, Diapers.com, Amazon, and Toys ‘R’ Us/Babies ‘R’ Us, announced a voluntary recall of Nap Nanny recliners manufactured by Baby Matters, LLC, following the deaths of five infant involving the product.

According to a press release from the USPSC, the retailers agreed to voluntarily participate in the recall due to the inability or unwillingness of the manufacturer to join in the recall. The USPSC warns that the Nap Nanny Generations One and Two, and the Chill model recliners contain “defects in the design, warnings and instructions” that pose a “substantial risk of injury and death to infants.”

The USPSC recall is the second for the Nap Nanny. In July of 2010, the USPSC and Baby Matters, LLC, issued a joint recall offering a discount to owners of the Generation One Nap Nanny on the price of a newer model Nap Nanny. The recall also included additional instructions and warnings regarding the Generation Two model.

When it issued the 2010 recall, the USPSC knew of one death in connection with the Nap Nanny and was aware of twenty two reports related to infants hanging over or falling out its sides. Since the 2010 recall, seventy reports have been received by USPSC of accidents involving the product.

Maryland law allows individuals who have been harmed by dangerous or defective product to hold the designer, manufacturer or retailer of the product liable for the injuries and damages suffered. The victim of such an injury would pursue what’s commonly referred to as a product liability claim.

There are three types of defects which can give rise to a product liability claim:

1. Manufacturing Defect. A manufacturing defect is one which occurs during the manufacturing process. For example, a tire that was made with a weak spot that causes it to blow out when it hits a pothole would be a manufacturing defect.

2. Design Defect. A design defect is one that results from an error or mistake in the design of the product. An example of a design defect would be car that is made from a material that makes it more susceptible to be crushed in the event of an accident.

3. Warning Defect. A warning defect is one which arises when the maker of a product fails to adequately warn consumers about the potential danger associated with the product. An example of a warning defect would a manufacturer’s failure to inform consumers that a computer that is operated for an extended period of time is prone to overheating, creating a fire hazard.

Clearly, the USPSC has determined that the Nap Nanny suffers from some design defect that is increasing the risk of injury to infants. Although the recall of this defective product is commendable, it is of little comfort to those consumers that have already been affected by its defective design.

The experienced injury attorneys at our firm have represented dozens of individuals that have been injured by defective products, including those harming infants and children. If you or someone you know has been injured by a defective product, contact our team today.

See Other Blog Posts:

WSJ on Steep Rise in Maternal Birth Injuries

Childbirth Costs: Then and Now