Parents in Chicago and around the country should be aware that recently, Ryan and Rose recalled the Cutie Spoovel utensil. The Cutie Spoovel is a transitional tool little kids use to eat, and it can present a danger. The handle of the Cutie Spoovel utensil can break off; this results in the release of small parts, posing a choking hazard for young children. The tool comes in two colors and is fashioned from a plastic core sheathed in silicone. The back of the spoon identifies the utensil as made by “Cutie Spoovel” and RR is printed on the handle back.
The manufacturer received three separate reports that the Cutie Spoovel utensil’s handle broke when a child bit down on it. Neither injuries nor choking have been reported. The Consumer Product Safety Commission (CPSC) advised all recalled utensils should be removed from children. They should be disposed. The company can be contacted for either a full refund or a $20 shop credit.
In addition, if your child suffered injuries because of a Cutie Spoovel or other utensil for children, you may be able to recover damages in a product liability lawsuit. These lawsuits are brought when a person who used the product is injured by a defect in it. You and your child might be able to recover compensation if your child was injured by a defective Cutie Spoovel utensil or another child tool.
It is crucial to retain a seasoned product liability lawyer to represent you when your child has been injured by a defective product. Products may be defective in terms of their manufacturing, design or marketing. In the instance of the Cutie Spoovel utensils, there may be a manufacturing or design defect. Manufacturing defects are one-off flaws that affect one iteration of a product or perhaps a batch. So, for instance, there would be a manufacturing defect if a child’s utensil was designed appropriately, but too much heat was applied to one implement in the factory, and as a result the utensil was weak and broke.
Design defects are flaws that exist in every iteration of a product; they are problems with how the child’s utensil was designed. In other words, if the breaking of the utensil is a design defect in a Cutie Spoovel tool, every single tool has this flaw.
Manufacturers can be held liable for defective products for children under several different theories, but each state has its own laws regarding permissible grounds for suit. Depending on the state, these theories can include strict liability, breach of warranty, negligence, breach of contract and statutory remedies provided for the protection of consumers. In many instances, the most favorable theory is strict liability. With this theory, our lawyers would need to show: (1) the child’s utensil had an actionable defect, whether a manufacturing, design, or marketing defect and (2) the defect caused injuries.
Talk to Our Child Safety Attorneys About Your Claim
At Moll Law Group, we are tenacious advocates for children who have been injured by dangerous products across the country. Our Chicago-based lawyers can look at your situation and retain experts as appropriate to establish to your child’s entitlement to damages due to injuries inflicted by a product you trusted would be safe. If your child was harmed by defective products aimed at kids, you should call the experienced product liability attorneys of Moll Law Group. Contact us online or call us at 312.462.1700.