You have to wonder who designs and creates baby accessories with small parts that can choke a child.
You would think it would be a no brainer, and that a company who made products for babies would not make a product that was ultimately a choking hazard. Unfortunately, there are more dangerous products on the market these days that do just that; pose a threat to small children and toddlers. It is strange that companies do not seem to get it that kids relate to their world by putting everything into their mouths. If that object has small parts that may break off, the risks of a child choking are very high.
The latest product recall is Cheaper Keeper pacifier clips. It was discovered that the clip breaks apart, and a child or baby could swallow the parts. The clip was intended to attach the pacifier to a child’s clothing and was made of clear plastic, to be attached by a pink ribbon with a Velcro closure. Even the ribbon and the Velcro have the potential to cause problems with children if put in the child’s mouth. Really, who tests these things, and why do they wait until the product is on the market to find out there is a problem? Over 6,000 of these clips were recalled with a warning to throw the clip away.
While it is good that the company took the initiative to launch a recall and to advise parents to throw the clip away, what happens if someone still has the clip and is using it, and is not aware of the recall? What happens is that if their child does swallow the clip and chokes, the parents may be able to sue the maker of the defective product. Even if the company also makes an effort to contact known users directly, they may not reach all of them.
Consider the case of a toddler who fell asleep in his stroller, slipped between the rail and the pan and strangled to death. The stroller had been recalled for this very reason, but the parents had purchased it at a garage sale and had no clue about the danger or the recall. Ultimately, the parents chose to file a dangerous product/wrongful death lawsuit, which would not bring their child back, but it would drive home the point that just because a product is recalled, does not mean the maker of that product is not liable for damages if someone is seriously hurt or dies.
Robert W. Lee is an Austin personal injury lawyer for Lee, Gober & Reyna. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from Lee, Gober & Reyna. Visit RWLeelaw.com.