Baby Loungers Fall and Suffocation Risk
Federal regulators have proposed a major redesign of baby loungers and similar products in an effort to make them safer following a potential fall and suffocation risk. The U.S. Consumer Product Safety Commission (CPSC) has issued multiple warnings on infant support cushion products for the potential risk of suffocation. The suffocation risk may occur if infants are positioned, moved, or rolled in a way that causes airway obstruction. The risk may also occur if the infant falls off the support cushion and onto another surface, like an adult pillow.
Infant Deaths From Baby Loungers
From January 1, 2010, to December 31, 2022, the U.S. Consumer Product Safety Commission reported a minimum of 79 fatalities and 125 injury cases associated with the use of infant support cushions. Approximately 17 fatalities were reported in 2020, and preliminary data for 2021 indicates another 17 deaths. Case reports state that over 80 percent of the deaths related to product use involved infants under the age of three months. In over 60 percent of the cases, probable asphyxia or asphyxia was the official cause of death.
The most common scenarios reported in nonfatal cases involved an infant falling from the placement of the product along a raised surface, including a sofa or bed. It was also attributed to the risk of entrapment or asphyxia. The rule proposed by the CPSC addresses the risk of injury and death from the use of these products due to falls, entrapment, and suffocation risks. The proposal also includes warning labeling for product hazards with permanent, conspicuous, and clear wording.
The proposed rule was developed following consultations with the public, experts, consumer advocacy groups, laboratories, trade organizations, retailers, and manufacturers. Voluntary and mandatory safety standards have not yet been established for the potential hazards posed to consumers by the use of infant support cushions. Manufacturers must uphold requirements set forth in 16 CFR 1107 and 16 CFR 1109 on product labeling and testing for certification. The CPSC proposal would serve as a safety rule for children’s products requiring NOR issuance.
What Products Are Included in the CPSC Proposal?
The following is a list of the products listed in the CPSC proposal for rulemaking of infant support cushions:
- Infant pillows intended for inclined or flat use
- Stuffed toys advertised for infant support cushion use
- Multi-purpose pillows marketed for lounging and nursing
- Infant sleep positioners that are not subject to FDA regulations for medical devices
The CPSC stated that it is deemed unlawful for a party to list a recalled item for sale online and donate or sell the recalled item in other ways.
Yoocaa Baby Loungers Recall for Failure to Meet Safety Requirements
Yooca brand baby loungers for sale exclusively on Amazon were subject to a CPSC-issued recall on November 2, 2023. The recall was issued for failure to uphold safety requirements for sleep products intended for infant use. The products have been found to have entrapment, suffocation, and fall hazards for infants. The recall states that the Yooca baby loungers create an unsafe environment for sleeping infants from failure to meet design requirements. This includes the thickness of the sleeping pad exceeding the maximum limit, side heights of the product shorter than the minimum limit, and not having a stand.
Consumers are advised to contact the manufacturer for refund instructions and proper product disposal. Amazon and Yoocaa Direct are expected to contact all known buyers. According to the recall (Number 24-017), it applies to products marked with 20220623 to indicate dates of June 23, 2022, or later. The Yooca brand baby loungers purchased on this date or later are subject to CPSC Recall Number 24-017. Approximately 4,140 units are listed under this recall.
Understanding Product Liability Cases in California
A product liability case seeks to hold a manufacturer, retailer, and other party involved in the distribution or sale of a faulty item accountable for placing those unsafe products on the market for consumer use. An individual harmed from the use of a faulty item may have grounds for a product liability case against the manufacturer and other defendants for the following:
- Design: Flaws in the design of the product itself that pose safety risks for consumer use.
- Manufacturing: Defects occurring during the manufacturing process indicate a deviation from product specifications and quality and failure to uphold federal safety requirements.
- Marketing or Warning Labeling: Flaws in the marketing of a product. This may include insufficient instructions for intended product use, lack of safety warnings, and labeling as per federal guidelines.
When a defective item causes harm and damages to a consumer in California, the manufacturer may be held accountable through strict liability. The burden of proof is on the plaintiff to establish that the manufacturer sold a product with faulty design, manufacturing, or marketing, the item contained the flaw when sold to the consumer, the product was used as intended, and the plaintiff suffered harm.
Common Defenses in Product Liability Cases
It is not uncommon for the manufacturer and their legal counsel to raise defenses in product liability cases. Some of the common defenses to claims brought forward due to faulty products include that the plaintiff did not sustain harm, another incident caused the plaintiff’s injuries, the plaintiff’s injuries were a result of their own negligence, and failure to use the item as intended. Other defenses in these matters include the defendant establishing that the item was not faulty, the product did not contain flaws at the time it was sold to the consumer, and the product was repaired or altered in a negligent way.
Protecting your right to full compensation in a product liability case starts with working with the best attorney near you. Learn how our law firm can assist you with your potential case today. Schedule a free consultation or watch this video about our services.
Product Liability Lawyer in Sacramento
Some consumer products may pose safety risks as they may contain design, manufacturing, or marketing defects. Manufacturers are expected to ensure that their products are safe for consumer use. If you or a loved one was injured from the use of a faulty product, contact our legal team for free, friendly case advice at (916) 921-6400 or (800) 404-5400. Our experienced product liability lawyers serving Sacramento are available to answer your questions, review the specifics of your potential case, and provide advice that is friendly and free.
Photo Link: Rodnae through Pexels.com
:ds llo [cs 1082]