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Do you think the parents have a case against Etsy

  • yes

    Votes: 1 10.0%
  • no

    Votes: 9 90.0%

  • Total voters
    10

Sugar Cookie

Veteran Member
Bold Member!
A mother has filed a lawsuit against popular retail site Etsy after her son was strangled and killed by an item purchased off of the website.

On December 10, 2016, Deacon Morin was found dead at a childcare canter in Fontana after he was strangled to death when a necklace he was wearing around his neck tightened and did not release.

The necklace was given to his mother, Danielle Morin, as a gift by a close friend who purchased it on the website Etsy, which is described as an e-commerce site specializing in handmade items and craft supplies.

According to the online receipt, the item Morin received is described as a Baltic amber teething necklace for babies.

The product is meant to help alleviate pain for teething babies and is supposed to have a releasing safety clasp that automatically releases if anything pulls on it.

The necklace the Morins received had a screw-on clasp that could not be released when baby Deacon was caught on something, causing him to suffocate.

Morin’s attorney, John Carpenter, said the Etsy is legally responsible for Deacon’s death and has filed a lawsuit against the website and the Lithuanian company that provided the necklace.

The terms of use listed on Etsy’s website state, 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 says that Morin did not agree to these legal disclosures because she received the necklace as a gift.


Morin said, “It scares me for other parents…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 products…No parent should have to bury their child.” (There is still Target and Buy Buy Baby)

Etsy's statement at link
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Fives My Charm

Ruler of Minions..
Why wasn’t the child supervised. You’re told children that age SHOULD NOT wear anything around their necks for this reason. I understand grief and tragedy - loosing a child of my own but mom’s still in denial. She’s still in the blame game .. she won’t heal until she realizes sometimes bad shit happens to good people with no rhyme or reason and it fucking sucks .. but suing and blaming people isn’t going to change what’s happened .. and money is not going to fill that void .. it will give you vices to slowly kill yourself .. lessons learned :confused:
 

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Keepalowprofile

Water is for people that don't have coffee.
Bold Member!
I'm having a hard time casting my vote.

.
is supposed to have a releasing safety clasp that automatically releases if anything pulls on it.

The necklace the Morins received had a screw-on clasp that could not be released when baby Deacon was caught on something, causing him to suffocate.
I was the judge, I would throw the case out because the mom was stupid to put it on her baby. Even one that has a break away clasp shouldn't be put on a baby. Sometimes things don't work as they should.
I feel the mom has the ultimate responsibility to make sure her baby was safe.

On the other hand, our courts give mega paydays for stupid people doing stupid things.

And then there is this:
.

The terms of use listed on Etsy’s website state, 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 says that Morin did not agree to these legal disclosures because she received the necklace as a gift.
 

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Fives My Charm

Ruler of Minions..
She needs to sue herself for negligence in leaving the child alone with the object.
She's looking for a payday to assuage her grief.
@Sugar Cookie @Keepalowprofile @Muriel Schwenck

She’s not suing the damn DAYCARE now is she?!
On December 10, 2016, Deacon Morin was found dead at a childcare canter in Fontana after he was strangled to death when a necklace he was wearing around his neck tightened and did not release.
 

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Keepalowprofile

Water is for people that don't have coffee.
Bold Member!
@Sugar Cookie @Keepalowprofile @Muriel Schwenck

She’s not suing the damn DAYCARE now is she?!
On December 10, 2016, Deacon Morin was found dead at a childcare canter in Fontana after he was strangled to death when a necklace he was wearing around his neck tightened and did not release.
The daycare should sue her for suffering the trauma of having the baby die at their child Care center.
 

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AngryLittleMexican

In this World, Anger is Necessary.
Bold Member!
Etsy is really just a selling platform, they didn't make or force her to put that thing on her child. Idk how some stones would help teething MORE SO than some actual legit Rite Aid bought teething meds, but hey it's her choice. MOM'S CHOICE. I've rec'd gifts and never used them bc i didn't like them or they weren't my style. SHE chose to take and use a gift that was given from a place she herself never researched. I get teething babies are atrocious unhappy little monsters but for god's sake, if the clasp was screw on (not the advertised break-away) SHE had the option to contact the seller direct - Etsy makes that very very easy! She probably could have had it refunded or replaced fairly quickly.
 

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Sugar Cookie

Veteran Member
Bold Member!
The daycare does not have deep pockets and the family was probably thinking Etsy would give them money to go away.

Why not sue the friend for giving the gift that killed the child.

@AngryLittleMexican

Even if it broke away the chilc could still have put it in their mouth and choked on it.

Even dog toys say do not leave dog unattended with the toy.
 
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Fives My Charm

Ruler of Minions..
Like I said it is NOT got to fill the void.. unless she has no void and is just looking for money?! I cannot imagine worrying about something so trivial as money after loosing a child. I had problems just getting out of bed and getting through a whole day for my other children when I lost Kaiden. Where does the time and energy come to rally and sue deep pockets? When she wins.. really what has she accomplished.. nothing to fix Her heart.
 

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Babs

Trusted Member
Bold Member!
The daycare does not have deep pockets and the family was probably thinking Etsy would give them money to go away.

Why not sue the friend for giving the gift that killed the child.

@AngryLittleMexican

Even if it broke away the chilc could still have put it in their mouth and choked on it.

Even dog toys say do not leave dog unattended with the toy.
Imagine how her friend must feel, consumed with guilt. :(
 

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spiff

Professional cat spooner.
Bold Member!
She's not suing the maker/seller of the item or the daycare because she does not think they have sufficient money. She is suing the deep pocket and hoping to win the lottery.
And also because they're in Lithuania and would just roll their eyes at an American lawsuit. Pretty sure that's the only lawsuit Moronic Mom Morin would have a chance of winning against, and that would only be if they were located in the US (or maybe Canada).

How embarrassing to publicize your own parental stupidity like this.
 

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myra manes

Jack {2001-2019}
Bold Member!
I've seen people using these teething beads, however the mother was wearing them and the baby was facing the mom, teething away ..

I still thought they seemed like a choking hazard but, at least mom was right there ..

It's just common sense to not give a baby something to wear around their neck, it's a choking hazard!!
 

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cubby

Live Long and Prosper
Bold Member!
Oh Good Grief! My 5 year old wanted me to tie a towel around his neck so he could play "Supterman", but I wouldn't do it. I took 2 diaper pins and pinned it to the back of his shirt, maybe not a better choice but it wasn't around his neck. This woman has only herself to blame, the beads should have never went to daycare with him. Should have never been around his neck. I would worry about it breaking and him choking on it, but, I guess, that's just me.
 

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