According to the U.S. Consumer Product Safety Commission the manufacturer Yu Wei Co. has issued a recall on roughly 8000 Drop-Side Cribs. The recall notes the rails can malfunction and fall down causing the drop side to fall. This can lead to an infant or toddler becoming wedged or entrapped in the crib. The CPSC reports nine separate incidents involving malfunction including one in which abrasions were reported to the child.
Commentary
The recall states the cribs were sold on the importers website and catalog J.C. Penney so the defective products could be anywhere in the country. Drop side cribs have produced serious litigation in the past as many infants have been hurt by other manufacturers products. It would appear the maker found this defect early and issued the recall in an effort to mitigate liability.
When an injury occurs from a product an investigation is needed to link that injury with a defect. If a link can be established a product liability claim takes many of the same elements of a personal injury claim. From there a value on injuries can be assessed for damages purposes in an effort to compensate a victim.
Texas Product Liability Attorney Michael Grossman
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