Product Liability Law Blog

A products liability lawsuit that has recently made national headlines involves a female traffic cop who is suing Victoria’s Secret for an eye injury she says she sustained in May 2007 because of a defective thong.

Macrida Patterson says that one of the metal links that holds the decorative rhinestone heart in place on the thong’s blue fabric popped off and hit her in the eye. Patterson says the accident caused her a great deal of pain and she had to go to the hospital to receive medical attention. She sustained three cuts to her cornea.

Patterson’s lawsuit alleges that the thong’s design is defective to begin with and that the placement of sharp points and metal pieces on the underwear created an inherent hazard. The lawsuit also alleges that the thong became defective during the manufacturing process.

While injuries caused by defective underwear is not common, there have been cases where people—especially children—have been injured because their clothes had defects that resulted in choking hazards, strangulation hazards, fire (burn) hazards, and other dangers.

Just this month, manufacturer Sara Lynn Togs recalled 1,800 Children’s Infant and Toddler Shortalls because the shoulder straps could come off and become a choking hazard. Also in June, The Children’s Place Retail Stores Inc. recalled approximately 28,000 Camouflage Pajama Sets over concerns that excessive levels of lead in the pajama top’s screen print could result in lead poisoning.

A product can become defective during the design or manufacturing process or due to a marketing defect, such as when a product is marketed to the wrong age group or fails to come with the complete instructions or the proper safety warnings. Products liability cases can be brought based on negligence, strict liability, or breach of warranty.

If you or someone you love suffered a serious personal injury because of defective clothing or another defective product, one of our products liability lawyers can discuss your case with you. We represent clients throughout the US.

Lawyer Makes Thong Injury Suit Sound Boring, ABA Journal, June 19, 2008

Eye-catching thong gives rise to lawsuit, MSNBC.com, June 19, 2008

Children's Overalls Recalled by Sara Lynn Togs Due to Choking Hazard, CPSC.gov, June 12, 2008

The Children’s Place Recalls Camouflage Pajama Sets Due to Excessive Lead, CPSC.gov, June 10, 2008

Related Web Resources:

Read the Complaint Against Victoria's Secret, The Smoking Gun

Products Liability, Justia

Continue reading "Defective Clothing Can Cause Serious Injuries" »

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Posted In: Clothing

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Kohl’s, Neiman Marcus, True Religion Apparel, Life is Good, Gilden Activewear, Dollar Days International, Cayre Group, and Seena International have agreed to pay $320,000 in penalties to settle allegations made by the Consumer Product Safety Commission that they failed to give immediate notice that they were selling clothing with drawstrings—a combination that is known for causing serious injuries to children.

In 1996, The CPSC had provided retailers and manufacturers with guidelines that suggested that no drawstrings should be placed in the neck or hood area of children’s clothing. It also recommended that drawstrings in pants or at the waist level only be a certain length. In 2006, the CPSC told clothing makers and sellers that any clothing that violated its guidelines would be recalled for defects.

All eight companies have recalled the clothing. They claim they were not aware they had violated the law.

Since April 2007, there have been over 18 recalls involving more than 190,000 units of children’s clothing that came with drawstrings around the waist or neck. There have been no reports of serious injuries associated with the recalls over the past year, but there have been serious injuries and fatalities in the past.

From 1985 to 1999, 48 incidents involving drawstrings on children’s clothing getting tangled on nursery furniture, playground equipment, or other items have been reported. 22 deaths were also reported, including a 14-year-old whose clothing drawstring got caught on a bus handrail. The girl died after she was dragged under the bus.

Drawstring on clothing can also pose a strangulation hazard for children if the strings were to wrap around the child’s neck too tightly or become tangled or stuck on an external object. Drawstrings with small objects attached to them that can easily fall off may pose a choking hazard for children that might swallow the pieces.

Our defective products liability law firm represents the families of children and infants that have been seriously injured or killed because of defective clothing, defective nursery products, dangerous toys, hazardous furniture, and other dangerous or defective consumer goods.

Clothing Retailers Settle With Safety Panel, Washington Post, April 23, 2008

Eight Companies Including Kohl's Must Pay Fine, Associated Content, April 24, 2008

Children's Rain Ponchos with Drawstrings Recalled by Daiso Due to Strangulation Hazard, CPSC.gov, May 12, 2008

Related Web Resource:

CPSC Recommended Drawstring Guidelines (PDF)

Continue reading "Retailers Pay $320,000 Fine For Selling Defective Children's Clothing With Drawstrings" »

Posted by Gilbert, Ollanik, & Komyatte, P.C. | Permalink | Email This Post

Posted In: Clothing

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