Nap Nanny is a portable infant recliner that has a foam bucket seat and a fitted fabric cover with a three-point harness that is supposed to hold the infant in place. These are popular sleep aids, but our Nap Nanny lawyers know that the Consumer Product Safety Commission (CPSC) has received numerous reports involving infants hanging or falling from two Nap Nanny products: the Nap Nanny Chill and the Nap Nanny Generation Two Recliners. The first Nap Nanny recall in 2010 related to an infant death. The company went out of business after several more reports, and Nap Nanny recliners are no longer manufactured. It has been illegal to sell a Nap Nanny in the United States. However, these products can be found second-hand. If your infant was hurt by a Nap Nanny, the child injury lawyers at Moll Law Group are available to assist you with filing a claim. Billions of dollars have been recovered in cases in which we were involved.
The CPSC filed an administrative complaint against Baby Matters, LLC, which manufactured the Nap Nanny. The complaint alleged design defects and marketing defects, including defective instructions and failures to warn. The complaint sought an order that required the company to notify the public about the defect and give consumers full refunds. CPSC and Baby Matters came to a settlement, in which the company was to offer an $80 coupon to owners of the Generation One Nap Nanny toward buying a new model with more understandable warnings.
Parents can sue a manufacturer with the assistance of a Nap Nanny lawyer on behalf of their son or daughter, or they can file a wrongful death lawsuit based on product defects. There are three types of defects that are actionable: manufacturing, design, and marketing.
Design defects cases typically involve a poor choice by the manufacturer in the testing or designing phases. Plaintiffs must prove that the design flaw caused their injuries or the death of a loved one. Typically, they must show that a reasonable alternative design to the design used by the defendant exists. The plaintiff must retain experts to testify about the defects and the alternative design. The court will look at whether the manufacturer had the ability to produce the alternative design, whether the design was economically feasible, and whether it would have the same utility.
A failure to warn is another type of product defect. If a manufacturer fails to provide adequate warnings of the risk associated with a particular product, and the failure to warn causes an injury or death, the manufacturer may be held strictly liable. In some cases, defendants may argue that the risk of the injury or death was obvious or unforeseeable.
The death of a child is among the most painful losses imaginable, and it is made worse when it could have been prevented by appropriate warnings or better design choices. If your child was harmed using a Nap Nanny, the product liability attorneys at Moll Law Group are available to pursue a claim on your behalf. We represent injured consumers throughout the U.S., including in states such as California, Florida, New York, Texas, Pennsylvania, Ohio, and Arizona. Call us at 312-462-1700 or use our online form to set up a free consultation with a Nap Nanny attorney.