At Kherkher Garcia, LLP, our children’s product liability lawyers want your family to have the right information to keep you safe. We also want you to know that we are here for you if you have questions about product liability, your rights, or what to do if an injury occurs. Read on to learn more about the numerous recalls and how to get the help you need.
Children’s Sleepwear Recalls
In recent months, numerous children’s sleepwear products have been recalled by the CPSC. Some of those products include:
- Goumi Cotton Children’s Robes
- FunnyPaja Children’s Plush Hooded Bathrobes
- Arshiner-branded Long-Sleeved Nightgowns
- NewCosplay Button-up One-Piece Sleepwear (various prints)
- Bagno Milano “Natura Cotton” Terry Cloth Robes
- Little Cotton Clothes Pajamas and Nightdresses
- Esme Sleepwear Sets (styles beginning with SF9)
- Deux Par Deux One-Piece Pajama Sets
- Smocked Runway Classic Whimsy Pajamas
- Hatley USA Pajamas and Headbands
- Paper Cape Children’s Pajamas
- Selfie Craft Company Pajama Sets
- J. Savage Children’s Pajamas
The above list is not exhaustive. There are, in fact, numerous other brands and products being recalled. As this list suggests, numerous manufacturers are failing to abide by children’s sleepwear safety standards.
How is Children’s Sleepwear a Burn or Fire Hazard?
Children’s pajamas can pose a burn risk due to their potential to ignite and the rate at which they can burn. Young children are particularly vulnerable to burn injuries because they may not be able to react quickly or effectively in the event of a fire. The main factors that contribute to the burn risk associated with children’s pajamas include:
- Fabric Ignition: Certain fabrics, especially those made of natural fibers like cotton and flannel, can ignite relatively easily when exposed to an open flame, such as a candle, match, or fire source. If the fabric catches fire, it can rapidly spread and cause severe burns.
- Rapid Flame Spread: Once ignited, some fabrics can quickly engulf the entire garment in flames. This rapid flame spread can result in significant burns to the child’s body and increase the risk of injury or death.
- Loose-Fitting Styles: Loose-fitting pajamas can be particularly dangerous because they can come into contact with open flames more easily. Loose fabric can drape over a candle, heater, or stove, increasing the likelihood of ignition.
To mitigate these burn risks, regulations such as those set by the CPSC requires that children’s sleepwear either be flame-resistant or snug-fitting.
Flammability Standards for Children’s Sleepwear
Flammability standards for children’s sleepwear in the United States are regulated by the Consumer Product Safety Commission (CPSC). The CPSC has established the Flammable Fabrics Act (FFA) and the subsequent regulations, which include specific requirements for children’s sleepwear.
According to the CPSC regulations, children’s sleepwear in sizes 9 months to 14 years must meet certain flammability standards. The standards are designed to reduce the risk of injury or death from burn injuries in children.
The specific requirements for children’s sleepwear are as follows:
- General Requirement: Children’s sleepwear garments must be flame-resistant or snug-fitting to reduce the risk of ignition and the spread of fire.
- Flame-Resistant Sleepwear: This type of sleepwear is made from fabric that has been treated with flame-retardant chemicals or manufactured with inherently flame-resistant fibers. Flame-resistant sleepwear does not require a snug fit.
- Snug-Fitting Sleepwear: If the sleepwear is not flame-resistant, it must be snug-fitting to the child’s body. This helps reduce the risk of ignition and prevents the garment from easily catching fire. Snug-fitting sleepwear should have specific measurements for the neck, waist, sleeves, and other relevant areas.
It is important to note that sleepwear that is labeled as “for use as a costume” or “for dressing up” does not need to comply with the same flammability standards as regular sleepwear.
To ensure compliance with these flammability standards, manufacturers and importers are responsible for conducting appropriate testing and labeling their products accordingly. Retailers are also responsible for ensuring that the sleepwear they sell meets the necessary requirements.
What Should I Do if I Have a Recalled Product?
If you discover that a product you own has been recalled, it is important to take prompt action to ensure your safety and the safety of others. Here are some steps you can take if your product is recalled:
Stop Using the Product
Immediately discontinue the use of the recalled product to avoid any potential risks or hazards associated with it. Follow the instructions provided in the recall notice regarding the specific actions you need to take.
Review the Recall Notice
Carefully read the recall notice or announcement to understand the reason for the recall, the potential risks involved, and the recommended actions to be taken. The notice should provide instructions on what to do next.
Contact the Manufacturer or Retailer
Reach out to the manufacturer or retailer of the product to confirm the recall details, ask any questions you may have, and seek guidance on the appropriate steps to take. They should be able to provide you with further instructions or assistance.
Follow Recommended Actions
The recall notice may specify certain actions to be taken, such as returning the product for a refund or repair, getting a replacement, or contacting a designated hotline or website. Follow these instructions carefully to ensure your compliance with the recall.
Inform others who may be affected by the recall, such as friends, family members, or any relevant communities or groups. Sharing the information can help prevent further incidents and ensure others are aware of the potential risks associated with the product.
If the product has caused any injuries, damages, or incidents, make sure to report them to the appropriate authorities or consumer protection agencies. This helps in documenting the impact of the recalled product and contributes to ensuring consumer safety.
Remember, product recalls are taken seriously to address potential safety concerns, and it is crucial to act promptly and responsibly to minimize any risks associated with the recalled product.
What to Do After a Defective Product Injury
If an injury does occur to you or someone you love due to children’s sleepwear or other recalled products, there are additional steps you can take to protect your safety, and your legal rights. Here are the steps you should take after a defective product injury:
- Seek medical attention immediately. This is the most important step, as it will ensure that you receive the best possible care for your injuries. Your doctor will also be able to document your injuries, which will be important if you decide to file a legal claim.
- Preserve the product and any related evidence. This includes the product itself, as well as any packaging, instructions, or receipts. If you can, take pictures of the product and the damage it caused.
- Document everything you can about the incident. This includes the date, time, and location of the incident, as well as the names of any witnesses. It is also important to keep a record of your medical treatment and any expenses you have incurred as a result of your injuries.
- Contact the manufacturer of the product. You may be able to get the product repaired or replaced, or you may be eligible for compensation. The manufacturer may also be able to provide you with more information about the defect that caused your injury.
- Consider legal action. If your injuries were serious, you may be able to file a legal claim against the manufacturer of the product. A product liability lawyer can help you assess your legal options and file a claim if appropriate.
If you have been injured by a defective product, it is important to take action as soon as possible. By following these steps, you can protect your rights and explore your options for taking action against the manufacturer.
Contact a Children’s Product Liability Lawyer
Children’s product liability cases generally arise due to design defects, substandard materials, failure to comply with standards, or failure to warn consumers of a hazard. In the case of the children’s sleepwear being recalled, the products were not manufactured in adherence to flammability safety standards. Furthermore, consumers had no way to know they were purchasing a dangerous product.
If your child has been injured by a defective children’s product, the lawyers at Kherkher Garcia want to hear from you. Our children’s product liability lawyers are well versed in product liability law, and we know what it takes to stand up against manufacturers who produce dangerous products. We have recovered billions of dollars on behalf of clients suffering injuries due to the negligence of others.
Find out how our lawyers can help you by contacting us today. Start your free consultation by calling us at 713-333-1030, or by completing our online form.
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