TULSA, Okla. (Legal Newsline) – An Oklahoma man and his adult son have initiated a proposed class action against two companies over allegations they fraudulently marketed crib bumpers as safe.
James Ferguson and Patrick Ferguson, individually and on behalf of all others similarly situated, filed a complaint Nov. 21 in the U.S. District Court for the Northern District of Oklahoma against Pottery Barn Inc. and Williams-Sonoma Inc. alleging violation of Oklahoma's Deceptive Trade Practices Act, breach of warranty, negligence, gross negligence, unjust enrichment and fraud.
The suit states James Ferguson purchased a set of bumpers from Pottery Barn Kids for his son, Patrick Ferguson, whose wife was pregnant. Patrick Ferguson alleges he and his wife had issues keeping the bumpers attached properly to the crib and that Pottery Barn would not accept the bumpers when they attempted to return them.
The suit states Pottery Barn is a wholly owned subsidiary of Williams-Sonoma.
According to their complaint, the plaintiffs allege that despite knowing the risks outlined by the American Academy of Pediatrics and U.S. Consumer Products Safety Commission of using bumpers on babies' cribs, the defendants continued to market and sell the bumpers as a safe crib accessory. The plaintiffs also claim that "the data linking bumpers to infant deaths" is clear, yet was ignored by the defendants.
The plaintiffs allege the defendants had a duty to disclose that the bumpers have a defect and pose safety concerns.
The plaintiffs seek damages and restitution, certification of the proposed class, a trial by jury and all other just relief. They are represented by Daniel Smolen and Lauren Lambright of Smolen & Roytman PLLC in Tulsa, Oklahoma, and Mark A. Smith of Caruso Law Firm in Tulsa.
U.S. District Court for the Northern District of Oklahoma case number 4:19-CV-00633-JED-JFJ