What can I do if my child was injured by a product? 19 Answers as of September 07, 2012

I purchased a loft bed for both my 3 and 4 year old. My daughter got hurt on it due to a 3 inch gap between the mattress and the bed. I called the company and asked them to exchange it for a safer bed for my kids before they get seriously hurt. They said it wasnt their problem. Now I would like a refund so I could purchase a safer bed from a company that cares about the safety of there customers. The company says there is nothing they will do and nothing I can do. Is there something legal I can do to put my kids in a safe bed before something serious happens?

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A. Daniel Woska & Associates, P.C.
A. Daniel Woska & Associates, P.C. | Dan Woska
Contact an attorney familiar with product defects and arrange to meet with the attorney as soon as possible. If the bed has been proven to have caused multiple injuries across the country there may be a class or group considering an action against the manufacturer. If your situation is an isolated example, you may have no recourse against the manufacturer because your claims and damages may be insufficient to persuade a contingency fee attorney to take the case.
Answer Applies to: Oklahoma
Replied: 8/22/2011
Kelaher Law Offices, P.A.
Kelaher Law Offices, P.A. | James P Kelaher
You can't make them take it back without spending more money on attorneys' fees than a new bed would cost you. Practical advice: file a complaint against the store with your local Better Business Bureau and then file a complaint against the manufacturer of the product with the Consumer Product Safety Commission. Maybe that will get some action out of the manufacturer. It would cost them a whole lot less to replace the bed than defend a personal injury lawsuit if your child is injured.
Answer Applies to: Florida
Replied: 8/20/2011
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Probably not. Replace the bed yourself before your children are injured again.
Answer Applies to: Montana
Replied: 8/18/2011
Law Offices of Richard Copeland, LLC
Law Offices of Richard Copeland, LLC | Richard Copeland
Product liability cases are very difficult and expensive to prosecute. From your description, I see several real problems with the case. The most important is that you have not described a level of damages that would allow any prudent attorney to take on the manufacturer. Another problem is that your description of the problem doesn't convince me that the product is defective. Overall, it sounds like a very difficult case and one that most lawyers aren't going to take, at least not from the description you've given so far.
Answer Applies to: Colorado
Replied: 8/18/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Buy a safe bed first. If there is a product design flaw you can sue in a products liability case, but unless the child had a serious injury it would not be worthwhile (the case would not pay for itself) if you are just arguing about the value of a new bed that probably wont work unless the manufacturer is in NC. In that case you might consider the Judge Judy (small claim) court in the county where the manufacturer is located.
Answer Applies to: North Carolina
Replied: 8/18/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    If it can be proven that the product is not reasonably safe for ordinary use, the manufacterer and seller may be held liable for strict product liability and breach of implied warranty. But, proving it can be difficult, expensive and time-consuming. Try reseaching to find out if this manufacturer has already been sued for this defect, or if there has been a recall or government directive.
    Answer Applies to: New York
    Replied: 8/18/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    You need to speak to an attorney to see if the implied warranty of fitness for a particular purpose is applicable to your situation. For product liability, you can sue the manufacturer, the distributor and the retailer of the item. Before you do any of that, I would try to negotiate with the retailed of the bed. From the sounds of it, your daughter was not seriously injured. Therefore, if the retailer won’t take it back, you can try suing in small claims. Put all of your demands in writing, even if you have spoken to someone at the retailer or the company.
    Answer Applies to: California
    Replied: 8/18/2011
    David Hoines Law
    David Hoines Law | David Hoines
    Doesn't sound like much of a claim.
    Answer Applies to: Florida
    Replied: 8/17/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    We would need to investigate the injury and product to determine if there was a defect. The manufacturer could be liable if we can show that the product was defective.
    Answer Applies to: Pennsylvania
    Replied: 8/18/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Return it to the retailer who sold it. If they give you hassle, take it up to the store manager. It will usually get you a refund or exchange. Not a big legal issue because the damages are not significant.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    There is probably nothing legal that you can do at this time. You could hire an expert in product design to give an opinion as to whether the bed is as unreasonably unsafe design and if it is, file suit to get your money back. The suit will cost you more than the bed (I am assuming the child was not seriously injured and that the child's damages are minimal). I would suggest visiting the Consumer Product Safety Commission and seeing if there are any similar complaints. Regardless of whether there are, there is a place for you to file your own complaint. If enough people complain, it may result in a recall. Also, if any child is seriously injured, a complaint history might be used as evidence in a product liability suit.
    Answer Applies to: South Carolina
    Replied: 8/18/2011
    The Torkzadeh Law Firm
    The Torkzadeh Law Firm | Reza Torkzadeh
    First of all, it seems to me that you should stop using the bed immediately before something serious does happen. Since your daughter has already gotten hurt and you know of its dangers it might be wise not to use the bed any further. Second of all, there are many product liability cases against crib manufacturers. More information is needed to properly evaluate your specific case.
    Answer Applies to: California
    Replied: 9/7/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Try returning it to the retailer and complain to the Federal Product Safety Commission.
    Answer Applies to: New York
    Replied: 8/17/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    If the condition is dangerous, you could potentially sue for return of your money for breach of warranty. Manufacturers have an obligation under the law to provide reasonably safe products that perform their intended function. If you have trouble finding a lawyer in your area willing to help you, call me at the number provided on this website and I will get some more information from you and let you know your rights.
    Answer Applies to: Florida
    Replied: 2/20/2012
    Oliver Law Office
    Oliver Law Office | Jami Oliver
    If the injury was not a serious injury, you should report it immediately to the U.S. Consumer Product Safety Commission and to the store where it was purchased (the retailer). The government has the power to force a recall or to require certain warnings on products, including children's products. If the injury was more serious, you may also want to contact a lawyer.
    Answer Applies to: Ohio
    Replied: 8/17/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    One could sue. One could also call a TV channel that handles consumer complaints as you have described. Companies hate bad publicity. DO NOT CALL AND THREATEN to call the TV station. That is extortion, a felony. Just call the station
    Answer Applies to: California
    Replied: 8/17/2011
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