Update, May 9:
An Etsy spokesperson provided CrimeOnline with the following statement regarding a lawsuit filed by a California mother for the strangulation death of her toddler son:
“Deacon’s death was a great tragedy and our hearts are with his mother and family. While we understand the desire to take action, Etsy is a platform and did not make or directly sell this item. We believe the allegations should be directed at the criminally-negligent daycare providers or, if appropriate, the seller of the necklace. The seller has not had any products on our website since last year and we do not represent the seller in any way.”
Original story:
A California mother is suing the popular online retailer Etsy, alleging that her 18-month-old was strangled and killed by an amber teething necklace that was purchased off the website.
Speaking with KCBS, Danielle Morin said a friend purchased the necklace for her late son, Deacon Morin. A Lithuanian company reportedly sold the Baltic amber teething necklace that strangled Deacon through Etsy’s marketplace.
Deacon was taken off of life support in October 2016, after being found unresponsive at a Fontana in-home day care following a nap. KCBS reported that Deacon’s beaded necklace reportedly contracted around his neck and the screw-on clasp wouldn’t release.
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“Baby necklaces, if you use a baby necklace should have a releasing safety clasp so if there’s any pulling on it, it releases. This one that was purchased on Etsy had a screw-on clasp that could not be released. And so when baby Deacon was hung up on something, it didn’t release and caused him to suffocate,” Danielle’s lawyer attorney, John Carpenter, explained.
While Danielle is suing Etsy and the seller, KABC noted that two day care workers were charged in December 2017 with child cruelty with possible death and/or injury and involuntary manslaughter in connection with her son’s death.
Etsy’s website states that items in their marketplace are provided through independent sellers and that the website doesn’t make any claims regarding any items’ safety, quality, or legality. As a result, legal claims and issues should be addressed to the seller, the company said.
Despite this, Danielle’s lawyer told KCBS that his client didn’t agree to Etsy’s legal disclosure because she received the teething necklace as a gift. He told KCBS that both the seller and Etsy are legally liable for the toddler’s death.
“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,” the late toddler’s mother said.
“No parent should have to bury their child.”
Etsy declined to comment on the pending litigation in a statement to KCBS. This week, lawyers representing the company unsuccessfully requested that the case be dismissed.
[Featured image: Deacon Morin/Facebook]
