Parents, guardians and caregivers can never assume that just because a product is designed for children, it is not a dangerous product. This is evident with recent findings from the Centers for Disease Control and Prevention (CDC), which indicates that every year there are nearly 1,000 infant deaths caused by unintentional suffocation.
One product that the Food and Drug Administration (FDA) reports may be a serious risk to infants is sleep positioners. In fact, they cite that there is no clear evidence showing that the benefits of using this product outweigh the risks.
Some mistakenly believe these positioners can help reduce the risk of sudden infant death syndrome (SIDS). The Consumer Product Safety Commission (CPSC) and FDA have warned parents not to use these devices, as has the American Academy of Pediatrics. Talk to your doctor about use of these devices.
Filing a Claim if Injured by a Dangerous Product
Consumers may be able to file a claim against a manufacturer if they used the product as intended and followed all instructions. In the case of sleep positioners, some parents may have ignored warnings that the product should be used only if the pediatrician has recommended side sleeping for the infant and to stop use of the product once the baby starts to move while sleeping.
Still, those injured by products may benefit from discussing the case further with a dangerous product attorney. In the state of New York, you have three years from the date of the injury to file a dangerous product claim. The timeframe in which you can take legal action may vary in other states.
Victims may be able to recover economic damages such as lost wages and medical expenses as well as non-economic losses like pain and suffering, loss of companionship, mental anguish, and more.
Contacting a Dangerous Product Lawyer in Long Island
If your child was injured by a defective product, contact a lawyer at Gacovino, Lake & Associates. Call us at (800) 246-4878. We will discuss the legal options you may have available if injured by a dangerous product.