WASHINGTON, D.C. – Today’s unanimous Commission vote (4 to 0) formalized two decisive regulations that solidify the prohibitions of inclined sleepers for infants and crib bumpers. Congress originally mandated these prohibitions through the Safe Sleep for Babies Act (SSBA). The SSBA’s scope extends beyond merely banning the sale of these items; it also encompasses the prevention of their manufacture, distribution, and importation into U.S. territory. The new regulations enforce the statute that came into force on November 12, 2022.
The key goal of these new rules is to protect infants’ lives and foster a more secure shopping environment for parents seeking safe products for their children.
The recently enacted rule pertaining to infant sleepers specifies the term “inclined sleeper for infants” as a product that features a sleeping surface angled more than ten degrees. It further clarifies that such a product must be targeted, advertised, or devised to accommodate an infant no older than one year.
As for the term “crib bumper,” the new rule includes the following definitions:
- Any substance designed to shield the sides of a crib, intended to mitigate harm to a crib’s occupant from collisions with the crib’s sides or to restrict partial or full entry to any apertures in the sides of a crib, thereby averting the risk of entrapment;
- The rule encompasses padded crib bumpers, both supported and unsupported vinyl bumper guards, along with vertical crib slat covers;
- Explicitly excludes non-padded mesh crib liners.
Guidance for parents and those responsible for childcare is also provided:
- Infants’ safest sleep setting is a firm and level surface, such as a crib, bassinet, or play yard;
- Only a fitted sheet should be used in the sleeping environment, and the addition of blankets, pillows, padded crib bumpers, or other objects should be avoided;
- Always position infants to sleep on their backs, and any infants who doze off in an inclined or upright position should be transferred promptly to a secure sleep environment with a level, solid surface.
Following the enforcement of the SSBA, CPSC has undertaken a wide-ranging outreach program directed at manufacturers, importers, and vendors to guarantee the rigorous implementation of this new legislation. This sustained effort encompasses direct dialogues, web-based tools, and other initiatives to inform them about the regulations and ascertain that they recognize their responsibilities concerning compliance.
The final count of the Commission vote confirming these rules was unanimous at 4 to 0.
How to Begin the Wrongful Death Claims Process for Deaths Caused By Recalled Infant Sleepers
Losing a loved one, especially an infant, is an unimaginably painful experience. When such a loss is linked to a product that has been recalled, such as an infant sleeper, the grief is further compounded by confusion and anger. If you find yourself in this devastating situation, pursuing a wrongful death claim may be a way to seek justice and compensation for your loss. Here’s how to begin the wrongful death claims process for deaths caused by recalled infant sleepers:
- Gather Evidence of the Product and Recall: Collect all information related to the product, including purchase receipts, product manuals, photographs, or any correspondence related to the recall. Having this evidence can substantiate your claim that the product was indeed the recalled item.
- Seek Legal Advice: Consult with a legal professional experienced in wrongful death claims, particularly those related to recalled products. They will guide you through the complex legal landscape and ensure that you are taking the appropriate steps.
- File an Official Report: If not already completed, file a report with the relevant authorities detailing the circumstances of the death. This report can be crucial in providing a formal record of the incident.
- Obtain Medical Records and Autopsy Report: Acquire all medical documents related to the death, including any autopsy report that indicates the cause of death. These documents are vital in proving a direct link between the recalled product and the fatality.
- Document Emotional and Financial Damages: Wrongful death claims can include compensation for emotional pain and suffering, as well as financial losses such as funeral expenses and loss of income. Gather all related documents and information to support these claims.
- Notify Responsible Parties: Your attorney will likely handle this step, but it involves notifying the manufacturer or distributor of the recalled product and informing them of your intention to file a wrongful death claim.
- Begin the Legal Process: With the assistance of your attorney, initiate the legal proceedings. This will involve filing a complaint in the appropriate court, outlining the details of your claim and the reasons why you believe the recalled product caused the death.
- Negotiate or Proceed to Trial: Many wrongful death claims may be settled out of court through negotiations. However, if a fair settlement cannot be reached, your case may proceed to trial. Be prepared for a process that can be lengthy and emotionally taxing.
Starting a wrongful death claim for a death caused by recalled infant sleepers is a complex and sensitive process. It’s essential to approach it with the proper legal guidance and a comprehensive understanding of the steps involved. Though no amount of compensation can replace the loss of a loved one, pursuing a wrongful death claim can provide some financial relief and hold those responsible accountable for their actions. Always consult with a legal professional who specializes in wrongful death claims to ensure that you are following the correct procedures and maximizing your chances of a successful claim.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
Parker Waichman LLP helps families recover monetary compensation for harm caused by dangerous products like recalled baby inclined sleepers. For your free consultation, contact our national product liability law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
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