What to do if my daughter was cut by a crib mattress?

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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 8 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.


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