Lewis & Tompkins, P.C. | Maryland | Virginia | Washington, D.C.

Free Consultations

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Boppy recall highlights product liability issues

On Behalf of | Oct 11, 2021 | Defective Products & Consumer Protection

It is unfortunate when defective products make their way to store shelves in the D.C. metro area and in the hands of consumers. Defective products can cause serious injuries or even fatalities. The situation is even more grim if those who are injured or killed by a defective product are children or infants. One recent product recall highlights the danger of defective products and opens up a discussion about product liability.

Baby pillows cause eight infant fatalities

Recently, the Boppy Co. has recalled almost 3.3 million baby loungers after eight infants suffocated in the pillows and died. The infants who lost their lives were lying in the lounger either on their back, side or stomach. The Consumer Product Safety Commission reports that the eight fatalities took place from December 2015 and June 2020. The loungers were sold by various retailers in the U.S. including Amazon and Walmart from January 2004 to September 2021.

The Boppy Co. stated that the loungers were not meant to be slept in and should not be used unsupervised. However, the CPSC stated that infant suffocation can happen quickly making the loungers too risky to remain on store shelves or in homes. The CPSC stated that parents should no longer use these baby loungers and that they can contact the Boppy Co. to obtain a full refund.

The Boppy recall highlights products liability issues

If a person is injured by a defective product one avenue of compensation, they may want to learn more about is filing a products liability lawsuit. In such a lawsuit any party that played a role from the design of the product to the time it is sold may be held liable for the damages these products cause. A product can have a design defect, manufacturing defect or a defect in marketing. Products liability lawsuits can hold defendants responsible based on the tort of negligence, strict liability or breach of warranty or fitness. Often this depends on state law, because federal law does not address the issue of products liability.

Learn more about your rights if you are injured by a defective product

It remains to be seen if any legal action will be taken against the Boppy Co. following these recent deaths. However, when a person is injured by a defective product it may be possible to file a products liability lawsuit. Depending on the circumstances a lawsuit can be a viable way to obtain all the compensation you are entitled to.