Retailers in San Antonio and throughout Texas have been notified of two large recalls of potentially dangerous baby cribs and bassinets. The recalls involve bassinets and cribs made under the Simplicity brand and to a lesser extent the Graco brand. The recall does not include all cribs and bassinets made under those names. The recall involves approximately 900,000 convertible bassinets and 600,000 cribs. Information about the recall can be found at the website for the Consumer Product Safety Commission (CPSC).
The recall is complicated because Simplicity has gone out of business. The Simplicity brand and assets were bought by SFCA Inc. SFCA Inc. did not manufacture the defective products and has maintained that it is not liable for the defective products or the cost of the recall.
This recall highlights a serious problem with Texas Product Defect Law. Under Texas Law a non-manufacturing seller of a Defective Product is normally not liable for harm caused by the defective product. There are limited circumstances when a seller can be held responsible for selling dangerous products to the public. A seller of a dangerous products can be held responsible only if the injured party can prove one of the exceptions to immunity as set out in the Texas Civil Practice and Remedies Code §82.03. In this case the manufacturer is out of business and the seller is probably not liable for any harm.
