What to do if my daughter was cut by a crib mattress?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my daughter was cut by a crib mattress?
A wire came out and lacerated her upper thight. She was taken to ER since it was a deep cut exposing her fat. They were unable to stitch due to nature of cut.
Asked on January 17, 2013 under Personal Injury, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the problem was bad design or manufacture--that is, the mattress was dangerous as designed or made--you may have a product liability claim against the manufacturer (and possibly also the seller); if so, you could potentially recover your out-of-pocket (not reimbursed by insurance) medical costs; pain and suffering for your daughter, especially if there will be any lasting pain or impairment; and lost wages (if you missed work to care for her). On the other hand, if the mattress was not defective but had been damaged in some way after you purchased it, and that's what exposed the wire, there would be no liability.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.