Legal Question in Personal Injury in Pennsylvania

Infants and earrings

Jeweler makes a pair of earrings per costumer request for an infant(new born). At a later time, earrings are given to the infant and worn. It is reccomented that infants not have ears pierced for at least 4 yrs after birth. Baby is one yr old and removes one of the earrings, swollows a back and becomes very ill(if not dies). who is responsible. the Jeweler who made earrings per customer request, or parent who had the babies ears piercend and supplied earrings?

Thanks


Asked on 9/14/05, 10:47 am

2 Answers from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Infants and earrings

I'd say the parents. You'd have a hard time proving that the jeweler was negligent in providing earrings to a customer that requested them. Can't see many juries saying otherwise.

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Answered on 9/14/05, 12:00 pm
CHARLES WEINER Law Office of Charles Weiner

Re: Infants and earrings

If any liability is found, the lionshare or all liability would likely be against the parents. Even if suit was filed strictly against the jeweler, the parents would probably be brought into the suit by the jeweler. This raises an issue regarding recovery of damages. Even if the incident occurred in the home, the parents home owner's insurance may exclude tort recovery by members of the same family residing in the covered home.

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Answered on 9/14/05, 12:56 pm


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