The CPSC (Consumer Product Safety Commission) issued an alert for a recall on infant hats sold at Tractor Supply between January 2017 and March 2017. The recall is identified as number 17-122 with the CPSC. The hats are being recalled because the button at the top of the hat can detach and become a choking hazard for infants. The manufacturer, Sock and Accessory Brands Global, of Advance, N.C., is offering a refund by calling 877-429-7637 or by going www.wearsabg.com as it is recommended that use of the hats cease immediately.
The recall impacts approximately 14,500 units sold throughout the United States and Canada. Each recalled hat has a John Deere tractor design on it and are marked as style number “JSH721HF.” Further, the hats show a manufacturing date of 11/2016 sewn on the care label inside the hat. These hats were made in China. No incidents or injuries have been reported so far.
Choking Hazards Should Be Taken Seriously
Parents should take the warnings against a choking hazard seriously and immediately remove toys or other items that present a risk of choking to an infant. In addition, a parent should use their judgment to determine anything that may harm their child even if there is not a warning on the product itself.
Product warning labels are typically only made after the risk becomes known to the manufacturer. In Florida, manufacturers and retailers of those products are held strictly liable for products that are defective. The failure to have an adequate and appropriate warning label on a product may make it “defective” in the eyes of the law for purposes of bringing a lawsuit.
Manufacturers Must Provide Warnings Against Known Risks
Upon becoming aware of a risk of injury or death as a result of using a consumer product, a manufacturer of that product should consider a re-design of the product in order to make it safer or, in the event that the product cannot be made safer, then the manufacturer must warn the consumer or end user of the known risk. It should be further noted that providing a warning does not discharge a manufacturer from liability simply because it is made.
Are Warnings Appropriate Or Should The Product Be Re-Designed?
Warnings are only supposed to be used when efforts to make the product safer materially destroy the intent or utility of the product. In other words, a manufacturer should consider the reasonableness of a redesign before simply placing a warning on the product.
Further, recalls are used to take a product off the market that cannot be repaired or the risk of harm cannot be adequately warned against.
Contact A Lakeland Product Liability Attorney For Help After An Injury
If you or someone you know has been injured by a dangerous product, including products for children in Lakeland, Florida, you should contact a Lakeland product liability attorney to see if you might have a case against the product manufacturer or retailer. Contact us to schedule your free case review with an attorney.