By David A. Wolf
Child Injury Lawyer Blog
One of the safest place for children should be the home. As parents, we work tirelessly to provide for a clean and safe living environment for our children. Other safe places for children should include schools, day care centers, child care centers, and summer camps. Unfortunately for some children who are in some supposedly safe environments, serious injuries take place. When a company manufacturers, distributes, and / or sells a household product, piece of furniture, or safety gate, the consumer should be able to justifiably rely on the quality of the product and the intended use and function of the product. A recent recall of safety or child gates by IKEA is a prime example of a product that allegedly failed which, int turn, caused personal injuries to unsuspecting children. The safety gate had a latch that apparently disengaged which, in turn, allowed the gate to open. The safety gate was used in many homes to block off an area leading to or from stairs in a home. Stairs can be extremely dangerous to infants, toddlers, and small children. It should be noted that a products liability case like other types of personal injury cases involves four essential elements as follows:
2. Breach of Duty;
3. Causation; and
Ikea Cororation reported that the company received complaints that the some of the gates opened unexpectantly. This, in turn, led to the hazard of a child falling down the stairs. said Thursday it has received reports that the gates have opened unexpectedly, causing children to fall down stairs, with medical attention needed in many of these instances. If a toddler or small child falls down a flight of stairs, the resulting injuries can be quite significant. A toddler or small child can even die as a result of a fall of this nature by suffering serious internal injuries or head injuries. When a product is designed and then manufactured, it should only be placed in the marketplace for the general product when it is safe and reasonable to do so. All components of the product should be checked and re-checked so that the product functions for its intended purpose. Let’s discuss a safety gate manufactured for the main purpose of closing off the top or bottom portion of a staircase in a residential home. The intended purpose is to the close off the area to children and / or pets. If the latch or locking device is defective, then the gate essentially fails at it intended purpose of closing off the area.
A products liability case can be pursued against the manufacturer, distributor, and retailer of the defective product depending on the particular facts and circumstances of the case. When a child is injured a result of a defective product, it is important for the parent of the injured child to contact a Child Injury Lawyer for advice, recommended courses of action, and legal representation. David Wolf is a child injury attorney, author and advocate. He is the author of 7 books that focus on child injury issues that affect children. He is also the author of over 3,500 articles. David Wolf strongly believes in Giving a Voice to Injured Children and Their Families.