Putting a baby down to sleep should not feel dangerous. Parents and caregivers trust that products made for infants have been designed, tested and labeled with safety in mind. When an infant sleep product has a dangerous design, breaks during normal use or comes with poor warnings, that trust can have heartbreaking consequences.
Dangerous infant sleep products have been linked to hazards including suffocation, asphyxiation and obstruction of a baby's nose or mouth. The U.S. Consumer Product Safety Commission (CPSC) has created safety rules aimed at reducing these risks.
At Breit Biniazan, we believe families deserve straight answers when a product they trusted may have harmed their child. Our team may be able to investigate what happened, determine whether a dangerous or defective product played a role and fight for accountability from the companies involved.
When Infant Sleep Products Become Dangerous
Babies depend on adults and the products around them for protection. They may not have the strength or ability to move their heads when their breathing becomes blocked.
That is one reason sleep position and sleep surface matter so much. The CPSC recommends a firm, flat surface in a crib, bassinet or play yard that meets federal requirements. The agency also advises that infants who fall asleep in swings, bouncers, loungers or similar products be moved to an appropriate sleep space.
The American Academy of Pediatrics similarly recommends a firm, flat and noninclined surface for infant sleep. It advises against routine sleep in sitting devices such as swings, particularly for young infants.
A product can put a child at risk when its design allows the baby's body to shift into a dangerous position, when padding blocks breathing or when openings create places where a child can become trapped. Risks may also arise when instructions or warnings make a product appear suitable for sleep when it is not.
Inclined Sleepers
Inclined sleepers place a baby's body at an angle instead of on a flat surface. That position can allow the head to fall forward or make it easier for an infant to move into a position that affects breathing.
Federal law now bans certain inclined sleepers. Under the Safe Sleep for Babies Act, an inclined sleeper for infants is a product with a sleep surface greater than 10 degrees that is intended, marketed or designed as sleeping accommodation for a child up to one year old. The federal ban took effect on November 12, 2022.
The definition can include products such as rockers, swings or bouncers when they are marketed at least partly for infant sleep. Products intended only to entertain an awake infant are treated differently under the rule.
Families may have purchased an inclined sleeper before learning about these risks. Others may encounter older or recalled products through secondhand sales, relatives or resale websites. When an infant is injured, the product's design, warnings, marketing and recall history may all become important parts of an investigation.
Bassinets
Bassinets are commonly used as sleep spaces for newborns and young infants. A bassinet that complies with applicable safety standards and is used with its intended mattress can provide the firm, flat surface recommended for infant sleep.
Problems may arise when a bassinet has weak supports, defective locking parts, gaps around the mattress or sides that allow an infant to become trapped. A mattress that does not fit the specific product may also leave spaces between the mattress and the wall of the bassinet.
Families often have little reason to suspect something is wrong until a product shifts, collapses or fails. When that happens, examining the bassinet itself may be critical to understanding whether a defect contributed to the injury.
Infant Loungers
Infant loungers can look soft, comfortable and harmless. Their shape may make them appealing for feeding, resting or keeping a baby close to a caregiver. But not every product that gives a baby a place to rest is an approved sleep product.
The CPSC notes that infant loungers cover a broad range of products. Whether a particular lounger is considered an infant sleep product can depend on factors such as its design, labels, advertising and how consumers are expected to use it.
Soft or padded surfaces can create breathing hazards if an infant's face presses against the material. Raised sides can also become dangerous when a baby's position changes.
Marketing matters too. Words and images suggesting that a child can nap, snooze or sleep in a product may lead caregivers to believe it was made for that purpose. The CPSC considers this type of marketing when deciding whether a product falls under federal infant sleep requirements.
Infant Swings
A swing can calm an infant, but it is a sitting device rather than the type of firm, flat sleep space recommended by the CPSC and American Academy of Pediatrics.
The CPSC warns that a seated or semi-reclined position can allow an infant's head to tip forward and block the airway. It recommends moving a sleeping baby from a swing to an appropriate crib, bassinet, play yard or bedside sleeper.
Problems may involve more than the angle of the seat. Defective restraint systems, broken frames or unclear warnings may also create danger. If a swing is marketed in a way that suggests it can be safely used for sleep, those representations may become relevant when determining what went wrong.
Cribs And Play Yards
Cribs and play yards are among the products recommended for infant sleep when they meet federal safety requirements and are used appropriately.
Even products designed for sleep can become dangerous when something is wrong with them. Concerns involving cribs and play yards may include:
- Gaps between a mattress and the side of the product
- Broken or missing hardware
- Structural parts that collapse or separate
- Openings where a baby's head, neck or limbs can become trapped
- Defective locks, rails or supports
- Warnings or instructions that fail to explain serious hazards
Federal safety standards apply separately to full-size cribs, non-full-size cribs and play yards.
A family dealing with an injury may not know whether the problem came from the design, manufacturing process, instructions or another part of the product. A product liability investigation can look at each of these areas.
Common Injuries And Dangers From Infant Sleep Products
Problems involving infant sleep products can develop quietly. A child may be unable to cry out or move away from the hazard. Some of the most serious dangers include:
- Suffocation: A baby's nose or mouth may become covered by padding, fabric or another part of the sleep environment.
- Positional asphyxia: An infant's body or head may move into a position that interferes with normal breathing.
- Entrapment: A child may become trapped between a mattress and product wall or inside another opening or gap.
- Strangulation: Straps, cords or other product components may create a dangerous risk around an infant's neck.
The CPSC specifically identifies asphyxiation, suffocation and obstruction of the nose and mouth among the hazards addressed by federal infant sleep product rules. The American Academy of Pediatrics also warns about entrapment and strangulation hazards in infant sleep environments.
These events can be frightening even when a child survives. A family may be left trying to understand what happened while also dealing with medical care, fear and questions about whether the incident could have been prevented.
What Can Make An Infant Sleep Product Defective?
There is no single reason a baby product becomes dangerous. The problem may begin before the product reaches the store or may occur during manufacturing.
A design defect may exist when a danger is built into the way the product was created. With an infant product, this could involve an unsafe angle, dangerous gaps or padding that allows an infant's face to become obstructed.
A manufacturing defect may happen when a particular unit does not match its intended design. Parts may be missing, installed incorrectly or made from materials that fail during normal use.
A failure to warn can involve instructions or labels that do not clearly explain a serious risk. Marketing may also create questions when a product is presented as appropriate for sleep even though its design does not provide an appropriate sleep surface.
A claim may also involve breach of warranty. Virginia law recognizes an implied warranty of merchantability in many sales by merchants. Among other requirements, goods covered by that warranty generally must be fit for the ordinary purposes for which those goods are used. Virginia law also addresses implied warranties involving a buyer's particular purpose in certain circumstances.
Which theory may apply depends on the facts surrounding the individual product and injury.
Who May Be Responsible For A Dangerous Infant Sleep Product?
An infant sleep product can pass through many hands before reaching a family. Designers, manufacturers, distributors and sellers may each have different roles in bringing it to market.
Virginia law provides that lack of a direct buyer-seller relationship is not automatically a defense in certain negligence or warranty actions against a manufacturer or seller when the injured person was someone the company might reasonably have expected to use or be affected by the goods.
Determining responsibility may require reviewing the product's design history, testing, manufacturing records, warnings, advertisements, complaints and recalls. The condition of the actual product may also provide important evidence.
What To Do After An Infant Sleep Product Injury
In the hours and days after a child's injury, a family's first focus is often the child's immediate needs. Questions about the product may come later.
When a dangerous product is suspected, preserving information connected to the incident may become important. This can include the product itself, packaging, instructions, receipts, photographs, model information and communications involving the manufacturer or retailer.
A recall does not automatically answer every legal question. A product can also raise safety concerns even if it has not been recalled. The facts surrounding the design, manufacturing, marketing and use of the individual product still matter.
Virginia also has filing deadlines that can affect personal injury claims. Under Virginia Code § 8.01-243, personal injury actions are generally subject to a two-year limitations period, although different rules or exceptions may affect a particular situation. Because each family's circumstances are different, a licensed attorney can explain how these rules may apply to an individual case.
Talk With Breit Biniazan About An Infant Sleep Product Injury
Parents buy bassinets, loungers, swings, cribs and other baby products because they are trying to care for their children. They should be able to trust that companies selling products for infants take that responsibility seriously.
When a product fails and a child is seriously injured, families deserve to know why.
Breit Biniazan may be able to investigate whether a dangerous design, manufacturing problem, inadequate warning or other product defect contributed to your child's injuries. When the evidence supports a claim, our team can fight for accountability and pursue justice for your family.
Contact Breit Biniazan to discuss an injury involving an inclined sleeper, bassinet, infant lounger, swing, crib, play yard or another infant sleep product.
