When a Crib Is Recalled: What Parents Need to Know and When to Call a Lawyer

Key Takeaways:

• Defective cribs can cause entrapment, suffocation, and fall risks due to broken slats, drop-side failures, and unsafe gaps.
• Unsafe nursery products have led to 523 child deaths from 2019–2021, with cribs among the most dangerous items.
• Manufacturers and the CPSC responded with recalls, repair kits, and bans on drop-side cribs, though families may still pursue legal action.
• If your crib, crib mattress, or accessory has been recalled, act immediately to protect your child.

A crib is supposed to be the safest place in your home for an infant, but when cribs are manufactured with design or assembly defects, those everyday pieces of baby gear can become deadly. 

Over the past two decades, crib-related hazards, especially from drop-side and improperly fitting hardware, have been linked to entrapment, suffocation, falls, and even death. 

If your child was injured because of a recalled crib, it’s important to understand both the safety steps you should take immediately and the legal options that may be available to your family.

For families who purchased or are currently using a recalled crib, the risks are significant, and legal action may be available to hold manufacturers accountable.

The Scale of the Problem: Nursery Products and Tragedies

The Consumer Product Safety Commission (CPSC) tracks injuries and deaths associated with nursery products, including cribs, mattresses, bassinets, and play yards. 

Between 2019 and 2021, CPSC staff reported 523 deaths among children under age five that were associated with nursery products, an average of about 174 deaths per year. Cribs and mattresses were among the product groups most frequently associated with these tragic incidents. 

These are not abstract numbers; they represent real families who lost babies or whose children suffered life-altering injuries.

Certain historical patterns show how dangerous crib hazards can be. For example, drop-side cribs, designed with a movable side intended to make access to the baby easier, caused dozens of deaths and hundreds of injuries and were effectively banned by federal safety changes in 2011. 

Large recalls followed, including Delta’s recall of older drop-side models that affected well over a million units. Those recalls and the government’s later rule changes underscore how design flaws that seem small can have catastrophic consequences for infants.

Common crib hazards that trigger recalls

Not every recall is the same. But historically, crib recalls fall into a few repeat categories:

• Entrapment or gaps between the mattress and crib side or slats that can trap an infant’s head or body.
• Strangulation hazards from loose hardware, broken slats, or decorative cutouts where cords or clothing could catch.
• Suffocation risks resulting from ill-fitting mattresses, padded bedding or products used in ways they weren’t intended.
• Structural failures like a broken slat, collapsing mattress support, or detached side can lead to falls or allow a child to become trapped.
• Flawed moving parts, such as worn or missing pegs on drop-side mechanisms, that create dangerous gaps or sudden failures.
   

When one of these problems is discovered, through incident reports, internal testing, or regulatory review, manufacturers and the CPSC may issue recalls, repair programs, or public safety alerts.

If Your Crib Was Recalled: Immediate Safety Steps

If you learn that your crib (or crib mattress/accessory) has been recalled, act right away to protect your child:

1. Stop using the crib immediately. Put your baby in a safe alternative sleep surface (a compliant crib, bassinet, or other approved sleep product) while you sort out the recall steps.
2. Check the recall details carefully. Look up the model number and manufacturing dates on the CPSC recall notice or the manufacturer’s recall page to confirm whether your unit is covered. Don’t assume similar-looking products are included unless the recall specifically names them. Use the CPSC recalls page or the manufacturer’s recall portal.
3. Follow the manufacturer’s remedy. Many recalls offer a free repair kit, replacement part, refund, or instructions to stop using the product. If a repair kit is offered, follow the instructions exactly. Some repairs are not appropriate for cribs that have been involved in an incident. Do not attempt to “fix” a crib involved in an injury without consulting professionals.
4. Seek medical attention for the child immediately if there was any injury, however minor it may seem. Some crib injuries (like internal trauma or low-grade hypoxia) are not obvious at first. Get a medical record. It will be essential later if you pursue legal claims.
5. Preserve the product and all evidence. Don’t throw the crib away, don’t repair it yourself, and don’t alter it. Keep the original packaging, instructions, assembly hardware, receipts, photos of the scene, and any baby clothing or bedding involved. Photograph the crib from many angles and take dated photos of the child’s injuries and the environment.
6. Contact an experienced defective product attorney at Morgan & Morgan to learn more about your legal options. You may be entitled to compensation for any damages suffered due to the unsafe crib.

Why Evidence Matters: Building a Product-Liability Case

A successful claim after a recalled crib injury depends on showing the connection between the defect and the child’s injury. In broad terms, product-liability law allows plaintiffs to pursue recovery under theories such as:

• Strict liability (the product was defective when it left the manufacturer and was unreasonably dangerous),
• Negligence (the manufacturer failed to exercise reasonable care in design, manufacturing, or warnings), and
• Breach of warranty (the product failed to meet express or implied promises).
   

A recall and reports to the CPSC are powerful evidence that a product was dangerous or defectively designed, but they are not a guarantee of recovery on their own. Medical records, photodocumentation, retained physical evidence (the crib and hardware), witness statements, the manufacturer’s recall notices, and any prior reports or complaints form the backbone of a claim. For guidance on the typical steps in filing a claim after a recall, reputable product-liability lawyers outline processes for confirming the recall, collecting evidence, and preserving legal rights.

Types of Compensation Families May Seek

If a child is injured by a recalled crib, a family may be able to pursue damages to cover:

• Medical expenses (past and future): ER visits, surgeries, hospital stays, specialist care, therapy, assistive devices.
• Pain and suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.
• Long-term care costs: For severe injuries that cause permanent disability or cognitive/neurological impairment.
• Lost wages: If a parent must miss work to provide care.
• Wrongful death damages: In the most tragic cases where a child dies, families may pursue wrongful-death claims for funeral expenses and certain loss-of-support damages, depending on the state.

The exact types and amounts of recoverable damages depend on state law, the severity of injury, and the strength of proof connecting the crib defect to the harm. An attorney with experience in infant product litigation can evaluate the likely recovery and explain state-specific rules, such as statute-of-limitations deadlines.

What Previous Crib Recalls Have Looked Like

Large recalls have become an unfortunate part of the crib-safety story. In 2008, Delta Enterprises (now known as Delta Children) and other manufacturers issued massive recalls of drop-side cribs after reports linked certain models to infant entrapment and deaths. In the years leading up to the federal ban on drop-side cribs, these defective designs were connected to dozens of infant fatalities and hundreds of injuries; regulators and consumer-safety advocates pressed for nationwide standards and recalls. Those events prompted stricter rules and helped push manufacturers to redesign cribs to current safety standards.

More recently, the CPSC and manufacturers have issued recalls or repair programs for products (including crib mattresses, swings, and infant sleepers) after tragic deaths were reported, showing that even long-sold, popular items can pose hidden hazards. These recalls often come only after multiple incidents or after government testing finds noncompliance with safety standards.

Timing Matters: Statutes of Limitation and Prompt Action

If you’re considering legal action, timing is critical. Each state has a statute of limitations setting how long you have to file a civil lawsuit after an injury or a death. Some states begin the clock at the date of injury; others allow a tolling or discovery rule if the link between the product and injury was not immediately apparent. 

Because deadlines vary and because evidence can degrade or disappear over time, consulting an attorney promptly is essential to protect your legal rights. Preserving the crib and all related documentation immediately will make it far easier for a lawyer to evaluate your case.

How Morgan & Morgan Can Help

If your child was injured by a defective Delta crib or another unsafe children’s product, you may be entitled to compensation. Even if your child has not been harmed but you own one of the recalled cribs, it’s important to understand your legal rights.

Our experienced faulty crib lawyers can help you evaluate whether you have a claim, join a potential class action lawsuit against Delta, and fight for the compensation you need and deserve for medical bills, emotional distress, and other damages.

Plus, we work on a contingency fee basis, meaning you pay nothing unless we win your case.

The safety of your child should never be compromised. If you own a recalled Delta crib or if your child has been injured due to a defective crib or children’s product, you do not have to face this alone.

Contact Morgan & Morgan today for a free case evaluation.