Suing a clothing manufacturer
Last Updated on
Faulty Clothing is Dangerous to Children
It’s tough to imagine, but faulty clothing can cause serious injuries, and even possible death to kids. Most defective clothing cases are connected to one of two problems, either the clothing was manufactured in a means which can lead to the injury, or it’s made of material that could catch fire and burn.
There are many government and nongovernment child safety groups that are aware of dangers associated with faulty clothing. There are lots of injuries each year caused by defective clothing. Manufacturers can be held responsible for damages caused by faulty children’s clothing. Learn more, here: https://www.cutandstitch.com/manufacturers/clothing-manufacturers/
The Government’s Response to Faulty and Dangerous Clothing
Under government acts, mandatory standards have been created for the flammability of clothing, plastic film used in clothing, carpets, rugs, children’s sleepwear, and more. In 2004, there were 129 wrongful death fatalities from clothing fires. In addition, almost 4000 non-fatal injuries were treated in hospital emergency rooms from 2003-2005. 25% were severe enough to require hospital admission. It’s practically impossible for each piece of clothing in the USA to be inspected, though there are numerous instances of clothing being recalled by the government.
Children Can Be Strangled by Clothing
Another big issue is that clothing may lead to strangulation. Many kids like to wear hooded sweatshirts. Recently a child was strangled to death when the his hoodie got caught on top of a playground slide. Since 1985 there have been 17 kid deaths and 42 non serious injuries. Recent US clothing standards prohibit the use of drawstrings in children’s clothing. Many foreign clothing manufacturers continue to create and import garments with dangerous drawstrings in sweatshirts and pants even though they are in danger of facing civil penalties. By way of instance, 300,000 units were fabricated by Hill Sportswear Inc and recalled. Many retail outlets have registered to report sales of these products. Following the omission was discovered, they were made to cover a severe fine.
Product Liability Legislation In NYC
Product liability cases have a different process than other personal injury cases. In the majority of lawsuits, the injured party has to demonstrate the defendant’s negligence to get any compensation. This burden of proof is nonexistent in product liability suits. With product liability, the law provides injured consumers a way to sue a product manufacturer or distributor for defective products without needing to show fault. The plaintiff need only demonstrate the product had a defect and that the defect in question caused the injuries or property damage. The three main types of product defects are:
- Made a mistake during manufacturing: A manufacturing defect means an item would have otherwise been safe for use if not for a mistake made during its production. Examples of items with manufacturing defects include a chair missing a screw in one of the legs or a batch of cold medicine tainted with a foreign substance while being manufactured.
- Design that is inherently dangerous: Some products are not rendered defective during manufacture but still pose some type of hazard to consumers. These items are designed in such a way that makes them unreasonably dangerous to use. For example, a children hooded sweatshirt designed with a long pull string could pose a strangulation hazard.
- Neglecting to warn of risks: Manufacturers are responsible to warn consumers of known risks that might not be obvious. There has to be proper marketing tools, warning labels and instruction manuals to protect the consumer against harm. A cooking appliance that poses an electric shock risk in water, for example, needs to have a warning label.
The rules of strict liability say that the plaintiff is not obligated to prove the manufacturer was negligent if one of the above-mentioned situations exists. You can bring a product liability claim against a manufacturer on the basis of negligence, but the plaintiff must then prove that the defendant failed to exercise reasonable caution, leading to an unsafe product on the market. In some situations, the plaintiff’s own contribution of fault for the incident, such as using the item incorrectly, may lower his or her compensation.
Product Liability Attorney
If you feel a clothes maker harmed either you, or your kid, then we invite you to talk to us. Our team of lawyers can help you get justice and make sure that the manufacturer is held liable. When suing domestic USA makers, it is much easier to get compensation. Since the manufacturer is in the USA it’s possible to sue them at a local court, and go after the assets of the company. If the owners of this company acted fraudulent and knew about the defect, then you can pursue civil charges against the owner of the business also.
Suing A Foreign Clothing Manufacturer
If you feel a foreign clothing manufacturer is liable for the damages caused to you, then it is likely to go after them and other folks who sold their products. According to US law, it is possible to go after everyone in the supply chain, that means those who were selling the clothing, like retailers, in addition to the manufacturers themselves. It is possible to hire a lawyer internationally who will sue the manufacturer in their own country. You might have grounds to file a lawsuit against the manufacturer, wholesaler, distributor, and much more, depending on the type of product in question. Product liability claims can also be brought for a manufacturer’s failure to warn of potential risks, in addition to failing to correctly manufacturer the product. In some cases, product liability lawsuits can be filed alone, or as part of a class action if the product injured a high number of people. Filing a joint class action can be appropriate when the damages each plaintiff got would be minimal.
Any number of individuals can be held liable for a defective product injury. By way of example, an injured consumer can get compensation from one or more liable parties. For example, the clothing manufacturer can be held accountable, the merchant who sold the item can be held liable, in addition to the wholesaler who acted as a middleman between the manufacturer and retailer.