As consumers, we rightfully expect that the products that we buy are safe and free from any defects that may put us at risk by using them. This is particularly true for products that we buy for our children. Products designed for children must take into account the increased risk of product misuse by children, who may not understand the risks associated with certain behaviors. Clothes designed for children should be designed with the awareness that features like small buttons or drawstrings may pose an unreasonable risk to young wearers. People who are injured by defectively designed products may be entitled to recover damages in a personal injury lawsuit against the party or parties responsible for your injuries. The lawyers of the Law Offices of Shane Smith are available to meet with you regarding your case at no charge and will help you determine whether you have a claim.
According to the United States Consumer Product Safety Commission (CPSC), outerwear for the upper body that has drawstrings poses a strangulation hazard to children. Articles of clothing that may utilize drawstrings include sweatshirts and jackets, and the drawstrings may be in the hood or neck of the garment. Since the early 1990s, the CPSC has be warning consumers about the risks associated with drawstrings in children’s apparel, and the industry voluntarily adopted CPSC standards in 1997. According to these standards, children’s clothing with drawstrings in the hood or the neck would be considered defective. Under federal law, parties who sell defective products need to report to the CPSC immediately if they receive information that a product has a defect that could create a substantial hazard, creates an unreasonable risk of serious injury or death, of fails to comply with CPSC regulations.
According to a press release issued by the CPSC, Bon-Ton Stores, Inc. has agreed to pay a $450,000 civil penalty in connection for selling non-compliant jackets and sweatshirts in 2010. By accepting the settlement, the company denies all allegations that it was aware that it was in violation of the law.
Contact a Coweta County personal injury attorney for a free consultation
If you or your child has been injured by a consumer product, you may be able to recover from whoever is responsible through a personal injury lawsuit. It is important that you record and document all the information you can regarding the accident, and that you undergo a complete medical assessment by a medical professional as soon as possible after your injury. Personal injury claims are subject to a strict statute of limitations, meaning that there is a limited amount of time in which you may file a claim. To schedule a free consultation with one of our experienced personal injury attorneys, call the Law Offices of Shane Smith today at (770) 487-8999.