Traci and Steven Porretta reside in the state of California. The Porrettas did not want their one-year-old twin daughters to suffer from Sudden Infant Death Syndrome. They purchased a baby monitor from Babies “R” Us and manufactured by Angelcare.
After the Porrettas purchased the AC401-2P Deluxe Baby Monitor, Steven Porretta read the instructions contained inside the manual. He claims that he installed the baby monitors according to the instructions. He then placed the baby monitors into their daughters’ room.
Nevertheless, on November 10, 2011, at about 10:00 am, Traci Porretta decided to check on her daughters for the second time that morning. After she entered the room, she discovered that to her dismay, her daughter, Vincenza, had a cord around her neck. Traci Porretta instantly tried to unwrap the cord from Vincenza’s neck, but because the cord was so tightly wrapped, Traci Porretta had a difficult time untangling the cord. The cord that was wrapped around Vincenza’s neck was part of the baby monitor.
The Porrettas immediately brought Vincenza to the emergency room, but at 11:00 am, Vincenza was pronounced dead. The Porrettas indicate that there were visible marks around Vincenza’s neck, indicating that the cord was tightly wrapped around her neck.
After the incident, the Porrettas filed a lawsuit against the manufacturing company, Angelcare, and Toys-R-Us, the parent company of Babies “R” Us. The Porrettas claim that the baby monitor has many defects, such as failure to warn customers of the potential harm of strangulation from the cord. They also claim that the design of the cord was deficient, as it “‘easily become[s] entangled, constricted and tightened around the bodies and persons of the infants it was designed to protect.’” The Porrettas assert that the deficient cord was the cause of Vincenza’s death.
In NY, in a product liability lawsuit, the injured victim must be able to prove that the product was not properly designed and was inserted into the marketplace either knowing it was defective or that the company should have known of this defect.