New Federal Law Requiring Recall Notification for Defective Infant and Toddler Products

By January 20, 2012Product Liability

Each year millions of children’s products are recalled because of safety defects. A new federal law now requires companies that make “durable infant and toddler products” include a postage-paid post card, with every crib, play pen, stroller, and many other kinds of baby products they sell that are made after June 2010, to help recall notifications become more effective.

Defective Products Recall Notification

Parents fill in their contact information and mail the card. They can also go the manufacturer’s website and register online. If there’s ever a recall, the company can notify them directly. Companies can only use the information from this registration process to send out recall notifications, not for any other purpose, such as marketing.

The notification law is named after Danny Keyser, a 16-month-old toddler who died at a daycare in a defective portable crib. The crib was donated to the daycare center but had been recalled five years earlier. Neither the donor nor the daycare knew about the recall.

Unfortunately, a survey by the Consumer Federation of America found 61 percent of adults with children under twelve did not know this new notification system exists.

Types of Product Defects

The new law does not require consumers to register for the recall notification, although it may be prudent to do so. However, a recall does not necessarily insulate the manufacturer and/or seller of a defective product from liability for the injuries and deaths the product causes.

If you or a loved one has been injured by a defective product – regardless of whether or not it has been recalled – you may pursue legal remedies for financial compensation. Keep in mind that courts have held that there are three kinds of product defects:

  • Design defects – something wrong with the product’s design that makes it unsafe
  • Manufacturing Defects – a problem in the manufacturing process that made the product unsafe
  • Defects in warnings or instructions – lack of appropriate warnings of the product’s known risks

A thorough investigation conducted on your behalf may be required to determine if any of these standards have been met and the validity of your legal claim.