A lawsuit has been filed against Wal-Mart arising out of the tragic death of a six-month-old baby. It’s alleged in the suit that the giant retailer is liable for selling a defective bassinet that allegedly killed the child last year. Kennedy Renee Jones died on August 21, 2008, while in a bassinet manufactured by Simplicity Inc. of Reading, Pennsylvania. The family purchased the bassinet at a Wal-Mart in Shawnee, Kansas. It’s alleged that the young child died of strangulation and that the baby was placed in the bassinet to go to sleep. She was subsequently found with her neck trapped between the bars of the bassinet on the side where it opens, according to the Complaint.
The contention is that the bassinet was defective and “unreasonably dangerous” because the bars on the side that opens were too far apart — large enough for an infant to become trapped between the bars and the floor of the bassinet with a pad on it. The suit claims Wal-Mart is liable vicariously for the actions of its agents in China who assembled the product.
The recall was issued by Wal-Mart after the Consumer Product Safety Commission issued an imminent hazard warning on the product. Wal-Mart removed the product from sale on its Web site. The lawsuit alleges Wal-Mart and Simplicity knew about the bassinet’s defect because the product caused the death in Missouri of another infant in September 2007. The Consumer Product Safety Commission, in its news release, reported a four-month-old girl became entrapped in the metal bars of the bassinet and died. It’s alleged in the lawsuit that, despite this knowledge, the companies failed to remove the product from the market.
Source: The Morning News
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