At Kherkher Garcia, LLP, our children’s product liability lawyers want your family to be informed of product recalls. Not only the recall itself, but we want you to understand how a recall could impact your family’s safety and wellbeing. Furthermore, we want you to know that help is available if you or your child are harmed by a recalled product.
In the article below, we discuss the recent children’s robe recalls, safety information for parents, and how a lawyer can help you.
Children’s Robe Recall Information
There have been several recent recalls of children’s robes sold on Amazon due to a burn hazard. The robes involved are 100% polyester and do not meet federal flammability standards. This means that they are more likely to catch fire if they come into contact with a spark or flame.
The recalled robes were sold under the following brands:
The robes were sold in a variety of sizes and colors. They were sold on Amazon from August 2020 through August 2022.
The Consumer Product Safety Commission (CPSC) is urging parents who have purchased children’s robes during this time to carefully check their products for a recall. Any recalled products should be immediately stored in a safe place or disposed of out of reach of children.
If you have one of the recalled robes, you should stop using it immediately and contact the manufacturer for a refund. You can also contact the CPSC at 800-638-2772 or visit their website.
Federal Flammability Standards
The CPSC sets flammability standards for children’s sleepwear in the United States. These standards are designed to protect children from burns if their sleepwear catches fire.
The flammability standards for children’s sleepwear are as follows:
- Children’s sleepwear must be flame resistant. This means that the fabric must not continue to burn after it is removed from an ignition source.
- Children’s sleepwear must meet a certain rate of burn. The fabric must not burn more than 1.2 inches per second when tested in a controlled environment.
- Children’s sleepwear must be tight-fitting. This helps to prevent the fabric from catching fire in the first place.
Children’s sleepwear that does not meet these standards is considered to be a fire hazard and is not allowed to be sold in the United States. Upon discovering that the above robes did not meet flammability standards, the CPSC issued recalls.
In addition to the flammability standards, children’s sleepwear must also meet certain labeling requirements. All children’s sleepwear must have a permanent label that states:
- “For child’s safety, garment should fit snugly.”
- “This garment is not flame resistant. Loose-fitting garment is more likely to catch fire.”
The label must also include the manufacturer’s name, address, and phone number.
It is important to note that the flammability standards for children’s sleepwear only apply to garments that are sold in sizes larger than 9 months. This is because infants are not mobile enough to expose themselves to an ignition source.
Reasons Why Children’s Robes May be Recalled
Recalled children’s robes can pose specific dangers that are particularly concerning for young children. Children are more vulnerable to certain hazards due to their smaller size, developmental stage, and lack of awareness. When children’s robes are recalled, it usually indicates a serious safety concern.
In the case of the children’s robe recall above, the safety concern is flammability. But that is not the only reason why children’s robes and clothing products may be recalled.
Here are some dangers that are often associated with recalled children’s products:
- Strangulation Hazard: Children’s robes might have cords, strings, or ties that could pose a strangulation risk if they become entangled around a child’s neck or body. Young children may not have the ability to free themselves from such entanglements.
- Choking Hazard: Small parts like buttons, zippers, or decorative elements on robes can become detached and present a choking risk if they are swallowed by a child.
- Flammability: Children’s robes made from flammable materials or lacking proper fire-resistant treatment can increase the risk of burns in case of a fire or heat source.
- Lead or Toxic Materials: If the robes contain lead or other toxic substances, children could be at risk of lead poisoning or other adverse health effects, as children’s bodies are more sensitive to such toxins.
- Allergic Reactions: Children with sensitive skin can experience allergic reactions or skin irritations if the materials or dyes used in the robes are allergenic or irritating.
- Sizing and Fit: Ill-fitting robes might restrict movement, leading to tripping or falls, and could also result in discomfort for the child.
- Flammable Decorations: Decorative elements on the robe, such as appliqués or fabric decorations, might not meet flammability standards and could catch fire easily.
- Design Flaws: Poorly designed robes might have structural flaws that increase the risk of accidents, such as loose threads, uneven stitching, or weak fasteners.
- Inadequate Breathability: Robes that are not made from breathable materials could cause discomfort and overheating, which might lead to heat-related issues.
- Failure to Meet Safety Standards: Recalled children’s robes might not meet safety standards set by regulatory bodies, which can result in various safety risks.
It’s important for parents and caregivers to stay informed about product recalls, especially when it involves children’s products. Always register children’s products with the manufacturer to receive recall notifications and adhere to any instructions provided for returning, repairing, or disposing of recalled items.
Safety Tips for Purchasing Children’s Robes and Clothing
When purchasing children’s clothing, safety should be a top priority to ensure that the clothing is comfortable, appropriate, and free from potential hazards. Here are some safety tips to keep in mind when buying children’s clothing:
- Check for Recalls: Before making a purchase, check if the clothing brand or item has been subject to any recalls. You can do this by visiting the website of the CPSC.
- Choose Flame-Resistant Clothing: Especially for sleepwear, opt for flame-resistant clothing that meets safety standards to reduce the risk of burns in case of fire.
- Avoid Small Parts: Steer clear of clothing with small buttons, snaps, or decorative elements that could come loose and pose a choking hazard for young children.
- Look for Non-Toxic Materials: Choose clothing made from non-toxic materials that are safe for children’s skin and won’t cause allergies or irritations.
- Check for Loose Threads and Embellishments: Inspect the clothing for loose threads, appliqués, and other embellishments that could become detached and pose a choking risk.
- Consider Snug Fit for Sleepwear: Pajamas and sleepwear should fit snugly to reduce the risk of entanglement and fire hazards. Loose-fitting sleepwear is more likely to catch fire.
- Prioritize Breathable Fabrics: Choose breathable fabrics that allow air circulation and prevent overheating, especially for younger children.
- Check Sizing: Make sure the clothing fits well and is not too tight or restrictive, as this could lead to discomfort and circulation issues.
- Choose Reputable Brands: Opt for clothing from well-known and reputable brands that prioritize safety in their designs and manufacturing processes.
By following these safety tips, you can help ensure that the children’s clothing you purchase is safe, comfortable, and appropriate for your child’s needs.
Should I Contact a Lawyer after a Product Injury?
If your child has been injured due to a recalled product, it is generally a good idea to contact with a lawyer who specializes in product liability cases. Here are some factors to consider:
- Severity of the Injury: If the injury is significant causing medical expenses, pain, suffering, or other damages, consulting a lawyer could help you understand your legal rights and options.
- Causation: A lawyer can help establish a link between the recalled product and the injury. They can investigate the circumstances and gather evidence to determine if the product’s defect or hazard directly contributed to the injury.
- Legal Expertise: Lawyers who specialize in product liability cases are knowledgeable about the complexities of these cases. A skilled lawyer knows how to navigate laws, regulations, and legal processes related to product recalls and injuries.
- Manufacturer Responsibility: A lawyer can assess whether the manufacturer, distributor, or other parties in the supply chain might be legally responsible for the injury due to negligence, design defects, manufacturing defects, or failure to warn consumers about potential hazards.
- Negotiations and Settlements: Lawyers can negotiate on your behalf with manufacturers, insurers, or other parties involved. They can help you seek fair compensation for medical bills, lost wages, pain and suffering, and other damages.
Keep in mind that not every case requires legal action. In some cases, the injuries might be minor or unrelated to the recalled product. It is a good idea to consult with a lawyer to assess the specifics of your situation and determine whether pursuing legal action is appropriate.
Get a Free Children’s Product Liability Consultation
When a manufacturer or retailer sells a product that is dangerous or not allowed due to safety violations, consumers are put at risk. In the case of the children’s robe recalls, it is the most vulnerable of consumers who are put in harm’s way.
If you believe that your child has been harmed while using a product that is now recalled, Kherkher Garcia can help. Our children’s product liability lawyers can help you assess your situation and determine if you have an actionable claim. If so, we will work with you every step of the way to pursue justice and compensation.
Find out more about our services and your legal rights by calling us at 713-333-1030, or by completing our online contact form.
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