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Liable for crib sold?

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DNA2

Junior Member
I suggest you read the direction of the punctuation outlining whom is covered.

I suggest you research the uses for semicolons. The writer's handbook is a great place to start. The CPSC pdf is not ambiguous. Cribs that do not meet the new standards set by the CPSC are illegal to resell.
 


Zigner

Senior Member, Non-Attorney
http://www.cpsc.gov/onsafety/2010/12/crib-immobilizers-who-to-call/
New crib requirements passed by CPSC will stop traditional drop-side cribs from being made and sold within the next six months. The new crib requirements are among the most stringent in the world.

Those of you who already own cribs that do not meet the requirements of this new rule — especially drop-side cribs — need to know what to do with your cribs or the cribs that you need to buy in the next six months.

First, it’s important to remember that a non-recalled, sturdy crib is the SAFEST place for your baby to sleep. Second, if you own a drop-side crib regularly check your crib for safety.

While CPSC staff cannot say that every drop-side crib is hazardous, based on investigations of incidents we have received, agency staff believes that most drop-side cribs are more prone to mechanical failure than similarly designed fixed-side cribs.

Some drop-side crib manufacturers have immobilizers that fit their cribs. Drop-side crib immobilizers are devices that are used to secure drop sides to prevent dangerous situations in which the drop side either partially or fully detaches from the crib.

As part of a recall, CPSC staff works with companies to provide fixes, or remedies, for products. For drop-side cribs, that remedy has been immobilizers.

Here’s a list of companies that have recalled their cribs and are providing immobilizers to secure the drop side on the cribs. These immobilizers were evaluated and approved by CPSC staff for use with these particular drop-side cribs.

If your drop-side crib manufacturer is not on this list, call the manufacturer and ask if they are making an immobilizer for your crib. Remember, though, that those particular immobilizers have not been tested or evaluated by CPSC staff for use with your specific crib.

The above is followed by a chart showing manufacturers that have issued recalls and provide "fixes" for (some models of) cribs. I'm not sure why the site contradicts itself...
 

OHRoadwarrior

Senior Member
I suggest you research the uses for semicolons. The writer's handbook is a great place to start. The CPSC pdf is not ambiguous. Cribs that do not meet the new standards set by the CPSC are illegal to resell.

Your knowledge of English is apparently different than mine. I did not find OP's exclusion from the ruling ambiguous, apparently you did. If the ruling were straightforward, it would have simply said "It is illegal for anyone to sell or resell cribs not meeting the new standard". It does not do that.
 
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Zigner

Senior Member, Non-Attorney
I suggest you read the direction of the punctuation outlining whom is covered.

The
crib standards will apply to anyone who
manufactures, distributes, or contracts
to sell a crib; to child care facilities,
family child care homes


and others
holding themselves out to be
knowledgeable about cribs; to anyone
who leases, sublets, or otherwise places
a crib in the stream of commerce; and
to owners and operators of places of
public accommodation affecting
commerce.


OP, in their posting indicates they were not crib experts, they were just selling an old crib.

No, you are misinterpreting this. This means that it applies to people/entities selling cribs and also to child care & family child care homes and also to others who does that other stuff...
 

OHRoadwarrior

Senior Member
No, you are misinterpreting this. This means that it applies to people/entities selling cribs and also to child care & family child care homes and also to others who does that other stuff...

Touche', As I reread the text for the umpteenth time, I see where you and DNA2 are correct. I apologize to all for my misinterpretation.
 

Mass_Shyster

Senior Member
I haven't read the statute. Does it give a private cause of action to an individual, or simply make it illegal to sell.

Does a buyer have a right of rescission, of is their recourse to report the illegal sale to the 'proper authorities'?
 

PullMan

Junior Member
I personally would never repay for the crib. This is because for them to take action in a small claims court, they would be running at a negative gain money wise with any outcome.
 

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