Product liability cases allow a successful plaintiff to recover compensation for injuries suffered as a result of a defective product and to hold companies liable for their role in causing or allowing the defect to occur. A Washington, D.C. products liability case generally requires that a plaintiff prove that a product was defective when it left the defendant’s control, that there was no substantial change in the product’s condition before it reached the consumer, that the product was unreasonably dangerous, and that the product’s defect caused the plaintiff’s injuries.
A product that carries a potential danger must adequately warn consumers of the risk and instruct consumers on the proper use of the product. Warnings and instructions about the appropriate use must be clear, direct, and easy to understand. Under some theories of recovery, as long as the product was defective, a plaintiff may not be required to show that a defendant acted carelessly in creating the defect.
Formula Maker May Pose Health Risk to Infants
According to a recent news report, the Baby Brezza formula-making machine may pose a danger to infants. Evidently, a couple used the machine to mix formula for their baby, but after she began to lose weight, they discovered the cause of her weight loss was the Baby Brezza formula maker. The machine allegedly dispensed watery formula, which resulted in an insufficient amount of nutrients for the baby, according to the baby’s pediatrician. The baby began to gain weight again after the couple stopped using the device—but the experience was very upsetting for the parents. The couple filed two class-action lawsuits against the company, claiming the machine was defective.
Other parents have reported problems with the machine, which costs $200 and is available at nationwide retailers, including Amazon, Target, and Buy Buy Baby. People have posted complaints online saying that the machine dispensed incorrect or inconsistent amounts of water or baby formula. Five pediatricians reported recently treating babies for failure to thrive, whose parents have fed them bottles after using the Baby Brezza machine. One pediatrician warned against using automated devices for dispensing formula, because of the potential harm to infants if the formula is not dispensed correctly. Others complained of over-concentrated bottles and inconsistent amounts from one bottle to the next.
The Consumer Product Safety Commission (CPSA) monitors the safety of durable baby products, such as cribs and infant swings, and the Food and Drug Administration regulates infant formula. Yet each agency initially stated that the other was responsible for monitoring issues with automated baby formula-dispensing machines. The CPSA later said that it was responsible for overseeing issues with the machines.
Call a Washington, D.C. Injury Attorney
If you or a loved one has suffered an injury and believe a company or business may be at fault because of a defective product, call a Washington, D.C. injury attorney today to discuss your claim. At Lebowitz & Mzhen, LLC, our Washington, D.C. product liability attorneys are zealous advocates for individuals who have been the victims of defective products. Our firm has more than 20 years of experience evaluating and preparing cases in Baltimore and surrounding areas. Contact us at 1-800-654-1949 or fill out our online form to set up a free consultation.