One of the first of many rules parents learn about infant sleep is the “ABCs of Safe Sleep,” which says that babies should be Alone, on their Backs, and in the Crib. Even with concerted attention to avoid unsafe sleeping conditions, some parents have ended up unknowingly placing their children in dangerous infant loungers that can cause their children to suffocate. While infant loungers are an appealing option and allow caregivers a hands-free moment, there has been a growing number of infant injuries and deaths linked to these popular baby products.

While there is no way to adequately make a family whole after the loss of a child, product liability laws allow families to recover meaningful compensation for the tragedy they were put through. Parents whose children have been injured by an unsafe infant sleep product may be entitled to compensation against companies like DockATot that designed, manufactured, or marketed unsafe items. However, as we’ve discussed in previous posts, manufacturers will often contest these lawsuits to avoid paying out what could be a tremendous damages award. Thus, families interested in pursuing a product liability claim against DocATot should reach out to an experienced personal injury attorney to ensure their claim receives the attention it deserves.

Are Infant Loungers Safe?

Many baby loungers are helpful and safe while an infant is under supervision, awake, and alert. However, because it is often impossible to predict when an infant will unexpectedly drift off to sleep or when a baby will roll over for the first time, baby loungers can pose severe risks of suffocation or death.

Safety experts like the American Academy of Pediatrics have long warned caregivers to avoid soft and plush sleep surfaces because of the risk of suffocation. Baby loungers are essentially large soft pillows that have the propensity to mimic snuggling. The fundamental design of many baby loungers increases the chances that an infant will doze into a deep slumber.

While infant loungers are safe under very limited circumstances, caregivers must closely monitor any child they place in a baby lounger. In addition to suffocation, using a baby lounger for sleeping is linked to some cases of sudden infant death syndrome (SIDS).

Infant Sleep Product Rule

Effective June 2022, the CPSC published a final rule, the “Safety Standard for Infant Sleep Products,” implementing mandatory safety standards for infant sleep products. The rule applies to all products marketed or intended to provide sleep accommodation for infants up to 5 months of age that are not currently subject to one of CPSC’s mandatory standards for infant sleep.

The Infant Sleep Product Rule applies to products including:

• Inclined sleep products,
• In-bed sleepers,
• Baby boxes,
• Travel bassinets, and
• Infant travel tents.

The mandatory sleep product rule aims to address infant sleep hazards and reduce infant fatalities.

Why is Dock-a-Tot Unsafe for Sleeping Infants and Babies?

In a recent press release, the Consumer Product Safety Commission (CPSC) notified consumers that it is unsafe for babies to sleep in a DockATot Deluxe+. The CPSC noted several harrowing reports of infant deaths associated with DockATot Deluxe+. The Commission issued a violation notice to DockATot for marketing its infant product as a safe sleep product, even though it is not safe for sleep.

DockATot is unsafe for sleep because it does not meet the Infant Sleep Product Rule requirements. The CPSC reported that the DockATot Deluxe+ Dock is dangerous because of the following:

• It is flat,
• It does not have a stand,
• Does not meet stability requirements,
• Does not have a side height of at least 7.5 inches, and
• Its sides pose an asphyxiation risk.

Over the past three years, at least three babies six months and younger have died inside a DockATot.

What Are the Risks of Putting a Baby in a DockaTot?

Baby loungers such as the DockATot can pose serious risks of injury and death to infants. Some of the most common risks associated with the DockATot include the following:

Suffocation

Every year, over 3,000 babies die suddenly while sleeping. Most of these deaths stem from sudden infant death syndrome (SIDS) or accidental suffocation-related deaths. Babies who roll over in a baby lounger may not have the motor skills to roll off their stomachs.

Positional Asphyxia

Some loungers pose a risk of positional asphyxia, which occurs when an infant’s head falls back or forward or in any position that can obstruct their breathing while in a lounger.

Rebreathing CO2

In some cases, babies who roll over onto their bellies or experience an obstructed airway may suffer injuries or death related to rebreathing CO2.

Reduced Arousal Response

Many baby loungers simulate a hugging or snuggling sensation. This feeling may reduce the lifesaving mechanisms that allow babies to wake if they have trouble breathing.

Supervising babies while napping in these loungers is not enough to eliminate the above mentioned risks because many babies do not exhibit signs of oxygen deprivation until it is too late.

Is There a DockaTot Recall?

The CPSC issued a safety warning against DockATot Deluxe+ Dock baby loungers for safety violations. While the CPSC prohibits the loungers' sale, distribution, or importation, the company has yet to recall its products.

DockATot maintains that it disagrees with the CPSC’s “Notice of Violation” and feels misrepresented. A message from the company’s founder notes that DockATot had chosen to discontinue the Deluxe+ dock in the United States when the CPSC issued its notice of violation. However, the message also states that “a small number” of Deluxe+ loungers were shipped after CPSC’s violation notice. Understandably, consumers may find this message to be contradictory and confusing.

Product Liability Claims Against DockATot

The gaps in the baby product safety system are not unique to baby loungers and in-bed sleepers. Many products are unregulated and do not require premarket safety testing. However, those who have DockATot Deluxe+ loungers at home should immediately stop using the product.

Product liability laws require that baby products be safe for their intended and expected use. Parents whose children have died or experienced serious injuries as a result of DockATot or other defective or dangerous products should consult with an attorney to learn more about their rights and remedies.