Mom is Suing Online Retailer After Son is Strangled by Necklace

Baby in a hat.

Baby in a hat.

Teething babies can be hard to handle which is why it’s understandable that moms are always looking for a solution to stop their small child from screaming and crying for 80 percent of the day. That explains why the “teething necklace” has seen a rise in popularity lately. Unfortunately, the neat teething accessory is as dangerous as it is helpful. A California mother has filed a lawsuit against the popular online retailer Etsy for allowing a seller to sell teething necklaces, one of which has reportedly strangled her 18-month old son.

According to reports California mom, Danielle Morin, was gifted a teething necklace by her friend for her young son, Deacon. Shortly after, her not yet 2-year-old child was napping while wearing it at Little Impressions Daycare in California in 2016. Deacon was then rushed to a nearby hospital when the necklace tightened around his neck causing him difficulty breathing and the screw clasp wouldn’t unscrew.

Five days later he was taken off life support. Now Danielle is taking action on Etsy and has filed a lawsuit against the company. “It scares me for other parents,” she told CBS Los Angeles. “I want parents to know there is no more Toys ‘R’ Us and people need to go online to buy products, and these products are dangerous products… No parent should have to bury their child.” [1]

Etsy, however, believes that they aren’t responsible for her son’s death, she should be filing for a lawsuit against the individual seller, not the company that does not promote or pay that seller. “Deacon’s death was a great tragedy, and our hearts are with his mother and family.” a released statement from Etsy reads, “While we understand the desire to take action, Etsy is a platform and did not make or directly sell this item. We believe the allegations should be directed at the criminally-negligent daycare providers or, if appropriate, the seller of the necklace. The seller has not had any products on our website since last year, and we do not represent the seller in any way.” [2]

Etsy’s terms and conditions on their website states that “the items in our marketplaces are produced, listed, and sold directly by independent sellers so Etsy cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Etsy from any claims related to items sold through our services.”

Danielle’s son isn’t the first child to die from teething jewelry though, the Food and Drug Administration (FDA) has released a warning concerning teething jewelry for young children. They stated that “We’re concerned about the risks we’ve observed with these products and want parents to be aware that teething jewelry puts children, including those with special needs, at risk of serious injury and death.” [3]


Notes:

  1. ^Tarlton, Amanda. “Mom Is Suing Etsy After Her Son Is Strangled By Teething Necklace.” Fatherly, 9 May. 2019, www.fatherly.com/news/mom-sues-etsy-child-strangled-teething-necklace. (go back↩)
  2. ^Exclusive: Mother Sues Etsy After Child Was Fatally Strangled By Teething Necklace.” 8 May. 2019, losangeles.cbslocal.com/2019/05/06/etsy-lawsuit-child-strangled-teething-necklace. (go back↩)
  3. ^FDA warns about safety risks of teething necklaces, bracelets to relieve teething pain or to provide sensory stimulation.” 22 Apr. 2019, www.fda.gov/news-events/press-announcements/fda-warns-about-safety-risks-teething-necklaces-bracelets-relieve-teething-pain-or-provide-sensory. (go back↩)

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