# Mother Sues Etsy After Baby Son Dies From Teething Necklace



## Leeda.the.Paladin (May 8, 2019)

SAN BERNARDINO, Calif. — A grieving California mother is taking the popular online retailer Etsy to court because she says a necklace she bought on the site strangled her son and killed him.

Danielle Morin’s said she is sharing the story of what happened to her son Deacon to prevent this from happening to other parents.

On December 10, 2016 someone found the little boy dead at his childcare center –he was strangled to death after the Baltic amber teething necklace he was wearing tightened around his neck and didn’t release.

A close friend had given the necklace to his mother as a gift. That friend bought it on Etsy.

“Baby necklaces, if you use a baby necklace should have a releasing safety clasp so if there’s any pulling on it, it releases,” Morin’s attorney John Carpenter said. “This one that was purchased on Etsy.com. had a screw on clasp that could not be released. And so when baby Deacon was hung up on something, it didn’t release and caused him to suffocate.”

Carpenter added that Etsy is legally liable for Deacon’s death-and filed a lawsuit against Etsy and the Lithuanian company that provided the necklace.

The terms of use listed on Etsy’s website says, in part, “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.”

Carpenter argues Deacon’s mother didn’t agree to these legal disclosures because she received the necklace as a gift.

“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 and these products aren’t always safe,” Morin said. “No parent should have to grieve a child. No parent should have to bury their child.”

In a statement to the reporter, Etsy said it cannot comment on active litigation.

In December 2018, the U.S. Food and Drug Administration issued a very important warning about the safety risks of teething necklaces and bracelets. The FDA said parents, caregivers and health care providers should not use the jewelry to relieve teething pain in children or to provide sensory stimulation to persons with special needs, such as autism or attention-deficit/hyperactivity disorder (ADHD).


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## danniegirl (May 8, 2019)

This is just so so sad this happened to this baby,  its  just horrible and I bet everyone involved even the seller must be just so heartbroken .

I personally couldnt handle it if I gave this as a gift or even if i made it.

As for Etsy I dont think the disclaimer is enough ......the same way these other platforms have to be or should be responsible for the content they allow folks to put on there site so should they.

Shot even this site monitors what's said and posted.....you cant just have a site and let people sell whatever and do whatever and think  a disclaimer releases you of any responsibility.

So Etsy at the least should have guidelines for the sellers and make them have the appropriate amount of liability insurance and they should also have additional insurance thereselves in case of incidents like such.


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## Leeda.the.Paladin (May 8, 2019)

The thing is that Etsy sellers make a lot of things that are potentially hazardous to babies. The crib bumpers and,  car seat covers (to replace the manufacturer’s) come to mind. Parents are warned against these things but still use them. Should Etsy be responsible for all deaths associated with these items? 

IT’s a terrible thing for the family. I can’t imagine. I’ve always been leery of anything going around a baby’s neck, even with the safety mechanism supposedly built in.


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## Ms. Tarabotti (May 9, 2019)

Even things bought in a regular store (ala Toys R Us) can be dangerous to a baby. It's up to the parents to do their own research on anything that their baby might use.


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## rayne (May 9, 2019)

This is a heartbreaking story and I can only imagine the pain that the family is in. However, I can't fault Etsy or the seller for this. I didn't know that teething jewelry existed, but I'm not fond of any jewelry for young kids and cringe when I see it, especially on infants.

The article states that the death happened while the baby was at daycare. Where were the adults? And why isn't the mom going after them?

ETA. Just realized that I lied, I'm ok with earrings on girls but no other jewelry.


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## Leeda.the.Paladin (May 9, 2019)

rayne said:


> This is a heartbreaking story and I can only imagine the pain that the family is in. However, I can't fault Etsy or the seller for this. I didn't know that teething jewelry existed, but I'm not fond of any jewelry for young kids and cringe when I see it, especially on infants.
> 
> The article states that the death happened while the baby was at daycare. Where were the adults? And why isn't the mom going after them?
> 
> ETA. Just realized that I lied, I'm ok with earrings on girls but no other jewelry.


You dont find earrings to be a choking hazard?


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## HappilyLiberal (May 9, 2019)

Leeda.the.Paladin said:


> You dont find earrings to be a choking hazard?



Only if they come out and the kid picks it up and puts it in his/her mouth!


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## Leeda.the.Paladin (May 9, 2019)

HappilyLiberal said:


> Only if they come out and the kid picks it up and puts it in his/her mouth!


Well, yes, that’s what I mean.

My 3 year old fiddles with hers a lot and they come out


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## rayne (May 9, 2019)

Leeda.the.Paladin said:


> You dont find earrings to be a choking hazard?



To be honest, I haven't thought about it. Most people I know that have pierced ears had it done it when they were a baby, so the safety of it never occurred to me. But technically yes, earrings are a hazard too.

Thinking back to when I got my daughter's ears pierced, the ones that she had were hard as heck to get off. I don't know what they're called but the backings are much less likely to come off than regular earrings. So that's what comes to mind but even still I'm sure there probably have been some cases where they unexpectedly came off. 

ETA When I think of kids and jewelry my mind flashed back to an infant I saw wearing a ring and then she started sucking her thumb. I asked the mom if she was concerned about the baby swallowing it and she said that "the ring was tight and wasn't going no where"


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## rayne (May 9, 2019)

Leeda.the.Paladin said:


> Well, yes, that’s what I mean.
> 
> My 3 year old fiddles with hers a lot and they come out



Have you tried sleeper earrings? I'm trying to find the earrings I was referring to in my previous post as a better option.

ETA Ok I couldn't quite find them and kinda went down a rabbit hole lol Have you tried earrings with a screwback? I don't think I knew those existed.

https://www.inseasonjewelry.com/blo...-or-secure-the-back-of-your-childrens-earring


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## BonBon (May 9, 2019)

ETA: Understood now


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## Leeda.the.Paladin (May 9, 2019)

rayne said:


> Have you tried sleeper earrings? I'm trying to find the earrings I was referring to in my previous post as a better option.
> 
> ETA Ok I couldn't quite find them and kinda went down a rabbit hole lol Have you tried earrings with a screwback? I don't think I knew those existed.
> 
> https://www.inseasonjewelry.com/blo...-or-secure-the-back-of-your-childrens-earring


Im not sure why I wrote my 3 year old when I meant my 3 year old niece lol! But I will pass this along to her mama , thanks!


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## Everything Zen (May 9, 2019)

Well you can sue anybody for anything but is she actually going to win...?


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## HappilyLiberal (May 10, 2019)

Leeda.the.Paladin said:


> Well, yes, that’s what I mean.
> 
> My 3 year old fiddles with hers a lot and they come out



Oh OK...  my mom had my ears pierced as a baby and the doctor (my pediatrician insisted on piercing my ears when my mom said she was going to have them done) put hoops that were small and hard to get out when he put the earrings in.  I didn't get another pair of bigger hoops until I was about five.  I didn't get a pair with backings (not hoops) until I was 13.

Because my ears were pierced by my doctor, they are perfectly symmetrical and far enough up in the earlobes where they were not going to come out and slit my earlobes.


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## Laela (May 13, 2019)

IMHO, a necklace of any kind is just not a good idea for a baby's neck...




Leeda.the.Paladin said:


> The thing is that *Etsy sellers make a lot of things that are potentially hazardous to babies*. The crib bumpers and,  car seat covers (to replace the manufacturer’s) come to mind. Parents are warned against these things but still use them. Should Etsy be responsible for all deaths associated with these items?
> 
> IT’s a terrible thing for the family. I can’t imagine. I’ve always been leery of anything going around a baby’s neck, even with the safety mechanism supposedly built in.


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## Chaosbutterfly (May 14, 2019)

This is a sad situation all around and I'm so sorry for the mom's loss, but she won't win.

Etsy is right. They are a marketplace where people sell merchandise. They don't and can't inspect the items that people sell, and they don't claim to.
Anytime you buy a product from an independent vendor, it's on you as the purchaser to do your research and make sure that the item is safe. It's the same as Ebay, and just like with Ebay, anything you buy is 100% at your own risk. 

If the mom wants to go after anyone, it would have to be the seller, who is really to blame. 
And they need to publish the name of that storefront, so anyone who has purchased this item knows to throw it away immediately.


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## Lady S (May 17, 2019)

Leeda.the.Paladin said:


> SAN BERNARDINO, Calif. — A grieving California mother is taking the popular online retailer Etsy to court because she says a necklace she bought on the site strangled her son and killed him.
> 
> Danielle Morin’s said she is sharing the story of what happened to her son Deacon to prevent this from happening to other parents.
> 
> ...


Is that the picture of the type of necklace?  The size of the beads alone would make me concerned that it's a choking hazard.  

I'm not sure the lawyers argument really holds up or you'd be able to sucessfully sue over anything given as a gift.


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