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A class action lawsuit claims that Pottery Barn’s baby crib bumpers are unsafe for infant sleep use, contrary to advertisements for the products.
Plaintiff James Ferguson says he purchased a set of crib bumpers for his son, plaintiff Patrick Ferguson, and his wife, who were expecting their second child.
Allegedly, Patrick tried to install the bumpers, but had trouble keeping the bumpers attached properly.
The Pottery Barn class action lawsuit says that Patrick and his wife tried to return the bumpers, but Pottery Barn Kids would not accept the return.
The plaintiffs claim that the decision to purchase baby crib bumpers in the first place was based on advertisements that they are an accessory that helps to protect infants while they sleep.
According to the Pottery Barn crib bumper class action lawsuit, Pottery Barn and Williams-Sonoma advertise their crib bumpers as safe and a way to protect babies, when they really put babies in danger.
Allegedly, the companies knew or should have known that the crib bumpers are dangerous but advertised them as safe in the interest of their own profits.
The Pottery Barn crib bumpers class action lawsuit says that contrary to claims made by Pottery Barn and Williams-Sonoma, crib bumpers in general are not safe.
“Between 1985 and 2012, Bumpers were possibly involved in at least 77 infant deaths and at least 25 non-fatal injuries. The causes of these deaths include suffocation on the Bumper itself and strangulation by the ties holding Bumpers to the crib,” the Pottery Barn Kids class action states.
According to the Fergusons, in 2007 the Journal of Pediatrics noted that “all retail bumpers had hazardous properties and that bumpers should not be used.”
The plaintiffs believe the reports of crib bumper injuries could be merely a fraction of the total injuries linked to bumpers, because the injuries were reported voluntarily to the Consumer Product Safety Commission.
Additionally, the American Academy of Pediatrics allegedly advises against using crib bumpers because they “may increase the risk of suffocation, strangulation, and entrapment.”
The Fergusons say that although there is not federal action around crib bumpers, some cities and states have taken action to ban crib bumpers.
Have you ever purchased crib bumpers thinking they were safe for infants? Tell us more.
The Fergusons are represented by Daniel E. Smolen and Lauren Lambright of Smolen & Roytman PLLC and Mark A. Smith of Caruso Law Firm PC.
The Pottery Barn Crib Bumpers Hazard Class Action Lawsuit is James Ferguson, et al. v. Pottery Barn Inc., et al., Case No. 4:19-cv-00633-JED-JFJ, in the U.S. District Court for the Northern District of Oklahoma.
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