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Crib Recalls, Safety, and Litigation

Make sure your child's crib is safe: check for recalls and follow safety guidelines.

Defective cribs cause serious injury or death to tens of thousands of infants each year. In 2006 alone, the federal Consumer Product Safety Commission (CPSC) estimated that 66,400 children were injured by faulty cribs, bassinets, and other nursery furniture. The CPSC and product manufacturers recall thousands of cribs each year, so it's wise to learn how to check for crib recalls and federal crib safety regulations, understand the basics of defective crib lawsuits, and get tips on how to keep your children safe in the nursery.

Crib Recalls

Since 1970, nearly 7 million cribs have been recalled. In 2007 alone, the CPSC recalled 1,040,000 cribs and bassinets from just one manufacturer (Simplicity).

What Is a Product Recall?

In a product recall, the federal government or a private manufacturer notifies consumers that a product is harmful or dangerous. In some recalls, consumers are advised to return the product to the manufacturer for replacement, a fix, or a refund. In other situations, a recall merely warns consumers that some part of the product might be faulty and need replacement or repair. Some recalls are mandated by the CPSC. Others are voluntary that is, the manufacturer decides to recall a product on its own.

The CPSC recommends that parents and caregivers routinely check the federal recall list to ensure that cribs, bassinets, play yards, and portable travel cribs have not been recalled. You can find the most current list of crib recalls on the CPSC's online Crib Information Center at www.cpsc.gov/info/cribs.

Federal Safety Standards for Cribs

In 1982, the federal government issued safety standards for full-sized and smaller-sized cribs, play yards, bassinets, and portable travel cribs. These regulations set minimum safety requirements for crib components like adjustable rails, crib slats, corner posts, hardware, and finishing. The rules also regulate assembly instructions, labeling, decorative elements on cribs, mattress size, and allowable amounts of lead in crib paint. To learn more about these regulations, visit the CPSC's online Crib Information Center at www.cpsc.gov/info/cribs.

New Crib Standards May Be Coming

Federal crib standards have not been updated since 1982. Recently, the CPSC announced that it intends to revise crib safety standards by the end of 2010.

Defective Crib Litigation

Crib recalls prompt many product liability lawsuits on behalf of families who allege that their children were killed or injured as a result of a defective crib. Families often sue the manufacturer, retailer, distributor, or any other business involved in making, transporting, or selling the crib. (To learn more about potential defendants in a defective crib lawsuit, see Nolo's article Defective Product Liability Claims: Who to Sue?)

Families suing a crib manufacturer, retailer, or distributor must prove that the crib was defective and that the defect specifically caused injury or death to the child. In addition, the family must show that it was using the crib properly. This last element often forms the crux of the manufacturer's defense to a lawsuit. Manufacturers argue that the injury or death to the child occurred because the child was left unattended or because caregivers misused the product or did not follow the manufacturer instructions or safety guidelines. (To learn about the specific elements required in a defective crib lawsuit, see Nolo's article Proving a Defective Product Liability Claim.)

Crib Safety Guidelines

Child safety experts recommend that parents be proactive in protecting their children from defective nursery equipment by frequently checking the CPSC crib recall list (at www.cpsc.gov/info/cribs). In addition, experts urge parents to follow CPSC guidelines for creating a safe sleeping environment for their children. Below are some helpful tips for parents and caregivers.

Never place pillows or thick quilts in a baby's sleep environment. (These could suffocate the baby).
The mattress should be firm and tight-fitting. Gaps between the sides of the crib and mattress should not be larger than two fingers.
Carefully follow instructions when assembling the crib. If you are not sure of something, call the manufacturer for assistance.
Do not use old, broken, or modified cribs. A large number of injuries and deaths are caused by used cribs.
Hardware should be securely fastened.
Check for loose or missing slats.
Properly set up play yards according to manufacturers' directions. Only use the mattress pad provided with the play yard; do not add extra padding.
Never place a crib near a window with blind or curtain cords; babies can strangle on the cords.
Always place infants on their back for sleeping.

For More Information

To learn more about product liability claims, see How to Win Your Personal Injury Claim, by Joseph Matthews (Nolo).

http://www.nolo.com/legal-encyclopedia/crib-recalls-safety-litigation-32403.html