Even Your Clothes Can Be Harmful
Michael Babboni
Recalls
On January 4th of this year, the Walt Disney Corporation issued a nationwide recall on a specific “Minnie/Mickey Mouse Hoodie” that was discovered to have a product defect. After the clothing item had been released to the public, the company eventually realized that the snaps on the hoodie can detach, and that this could present a serious choking hazard to children.At the time of this writing, there have, thankfully, not been any accidents involving the clothing item just yet. However, this article of clothing is sold at all Disney parks and resorts in America, including, obviously, Walt Disney World right here in Florida. Disney is now offering a complete refund for people that have purchased the item, and while it has now been discontinued, approximately 15000 of these items made it out to the public and Disney is now trying to get them back. If you own this particular item, you should contact Disney to see what your next step should be to return it and get a refund.
This is just one recent case that illustrates something we all need to be mindful of. While we often take for granted the fact that clothing is simply something we wear for comfort, fashion or modesty, even something as innocuous as fabric that we put on our bodies can sometimes prove to be harmful and cause an injury through no fault of our own.
In the case of these Disney hoodies, this is particularly alarming since the clothing is meant for children, especially infants. An infant is particularly vulnerable since they have no understanding or risk or danger until it happens to them, so the Disney corporation has definitely taken the right stance in proactively trying to get these products back before an actual injury or fatality has occurred. With the curious nature of babies, it really is just a matter of time before a product defect in a piece of clothing would have a fatal result.
But what if a less responsible company had not taken action? What if you had purchased an item of clothing for your own child, only to find one day that he or she was having trouble breathing and you discovered that it was because the clothes being worn were actually constricting their throat and suffocating them?
In a case like this, you would have an opportunity to take this court and show the company involved that their irresponsibility would not go unanswered or unpunished.
Harmful Defective Clothing Is Not Legal
It’s one thing to buy a clothing item from a store that is torn, or damaged in some way. This is merely a defective item, and while inconvenient, is hardly an offense. However, when a piece of clothing has a design flaw that can actually cause harm, and this is built into every article of clothing that goes out to the public, resulting in you buying a piece clothing for yourself or your children that results in a serious injury this can be taken to a court of law as part of a defective product suit and you can get financial compensation for the injuries that have been sustained.
In such cases, there are similar lines of action taken to that of a car accident or any other incidence of injury. Of course, the most important item in question is the article of clothing itself. In some cases, you may have preserved the clothing in question, which can be used as evidence in court, while in other cases, the removal of the clothing may have damaged it. Of course, if this is a production-wide problem, then securing another item from any retail outlet is probably sufficient for the purposes of the case.
Showing The Threat
It is important in any defective product case to illustrate exactly how and why a product is considered dangerous. This is where your personal injury lawyer and expert investigation and testimony come in. The exact nature of an injury sustained by clothing has to be documented.
In the case of the Disney hoodie, for example, the Disney corporation has already pointed out exactly what circumstances could cause a child to choke. Here the cause and the effect are clearly laid out. In an actual court case, with an injured child, this would be accompanied by the exact injury the child suffered, the testimony of the doctor and any other relevant experts.
Once it is proven in court that a piece of clothing carries a consistent danger and that the injury wasn’t the result of negligence on the part of the person wearing the clothing, the rest of the case naturally falls into place. But it takes the guidance of a good attorney to get to this point. If you or someone you know has been hurt because of the clothing they were wearing, you may have a defective product on your hands, and a personal injury case.