Parents File Wrongful Death Lawsuit Against Eddie Bauer

Thursday, August 2, 2012

Parents File Wrongful Death Lawsuit Against Eddie Bauer

Written by Malman Law, reviewed by Steve J. Malman.

The parents of an infant who suffocated while in a baby sling carrier have filed a wrongful death lawsuit against Eddie Bauer, the item’s manufacturer.

According to the Chicago Sun-Times, “The suit claims the sling caused her body to curl forward and forced her chin to her chest, which causes asphyxia. The material of the sling had the potential to enclose an infant and obstruct her mouth and nose, causing a high risk of suffocation, according to the suit.

The suit also claims the sling does not have a safety mechanism to prevent suffocation. The sling’s design allegedly prevents the person wearing it from noticing that an infant is suffocating.”

Our Chicago personal injury attorneys know that over the past few years, there have been many suffocation deaths and subsequent wrongful death lawsuits in Chicago and nationwide similar to this case.

As a result, in March 2010 the consumer product safety commission (CPSC) issued a warning regarding infant slings, advising consumers that

“Slings can pose two different types of suffocation hazards to babies. In the first few months of life, babies cannot control their heads because of weak neck muscles. The sling’s fabric can press against an infant’s nose and mouth, blocking the baby’s breathing and rapidly suffocating a baby within a minute or two. Additionally, where a sling keeps the infant in a curled position bending the chin toward the chest, the airways can be restricted, limiting the oxygen supply. The baby will not be able to cry for help and can slowly suffocate.”

The CPSC and our Chicago personal injury attorneys recommend the following practices to ensure your child’s safety while using a sling:

• Make sure that your infant’s face is not covered and that you can see your baby’s face at all times.
• You should constantly check your baby to ensure that he or she is breathing while they are in the sling or infant carrier.
• Read all instructions included with the sling or infant carrier to ensure proper use and positioning of your infant.

A parent should never have to outlive their child. Our Chicago personal injury attorneys know that nothing can bring back your child or assuage your grief and pain over the loss. However, negligent product manufacturers should be held liable for the death of your baby and the harm that you have suffered. Also, by making the public aware of the product defect, other lives can hopefully be saved.

DISCLAIMER: All information on this website is provided for informational purposes only and is not intended to be construed as legal advice. The Law Offices of Malman Law shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.