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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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I asked a question like this before but needed a little more

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I asked a question like this before but needed a little more information

I don’t know how stupid this sounds but something that happened at work has been bothering me quite a bit. We make a micropedic pillow, a pillow with a lot of beads in it, and I got a call asking why on the tag of the pillow it says only use this pillow with the provided case, a case with a zipper on it. I wasn’t sure what the answer was and I didn't ask anyone why and I just said that it had something to do with sales or a comfort issue of the pillow, so when asked if this customer could use a different pillow case, I said sure. I found out later that the reason that information was on the pillow has to do with if the pillow were to rip, the beads inside could produce a choking hazard. So for the last couple days I’ve been thinking oh great, if someone were to have a pillow and it were to rip and the beads fell into someone’s mouth or the mouth of someone laying next to them, if they choked and died from it, I’m wondering if I could be in any trouble criminally for negligence or civil suit or anything like that.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Joseph replied 3 years ago.

Is it POSSIBLE something could happen? Sure. Is it LIKELY something could happen? No.

 

As to any criminal action, this seems all but completely impossible. For you to be charged with a crime related to this matter, there would need to be some intent on your part to cause injury or death. I would suggest that it would be all but impossible to demonstrate that you intended to harm anyone.

 

As to any civil action, this seems highly unlikely as well. If someone did sue, it would seem a much more prudent course of action to sue the company, not you. After all, the company surely has deeper pockets than you and any plaintiff would want the entity with the deeper pockets and better ability to pay.

 

And, of course, for either of these to be even a remote possibility, this person would need to suffer some injury. If there's never an injury, it isn't even worth discussing. Even then, you would still be protected by the written warning on the product.

 

Short answer, stop worrying so much, it's unlikely anything will ever come of this!

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just start your question with "FOR JOSEPH" and I will gladly pick up the question as soon as I am on-line.

Customer: replied 3 years ago.
Thank you for the information.

I’m aware of how unlikely a situation like that is but it’s been bothering me. All our calls are recorded so I thought about asking my boss if I could listen to mine to get a number and call a cm back, but that would take quite a lot of time and not sure how receptive he would be to that since it’s not the most productive task at work.

Would that make any difference at all if someone could prove what was said. I guess I'm more concerned about the criminal matter. I certainly didn't intend to harm anyone and it is unlikely that anything could happen. If I didn't intend to harm anyone, there isn't any criminal aspect there?
Expert:  Joseph replied 3 years ago.

Though neither is likely to happen, the criminal matter is the less likely of the two. Meaning, there is all but zero likelihood this would happen and, therefore, zero reason for you to be concerned.

 

Having said that, from a legal perspective, yes, it could be helpful to contact the customer and correct the information that was erroneously provided.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just start your question with "FOR JOSEPH" and I will gladly pick up the question as soon as I am on-line.

Customer: replied 3 years ago.
I guess I'm just confused about what criminal negligence would be. I mean if someone were to get injured from it, I didn't really find out why the notice was on the pillow I just sort of guessed. I would think that if someone made a mistake while driving a car and killed someone, even though they didn't intend to hit anyone they could be liable criminally for that. Is that a different situation entirely?
Expert:  Joseph replied 3 years ago.

You're getting awfully speculative here. In your hypothetical, the person being criminally charged was actually driving the car. That alone makes it distinguishable from your situation. Additionally, even for that driver to be charged, there would need to be more to it, such as he was driving drunk or recklessly, a mere accident wouldn't be criminally prosecuted.

 

In your case, there is just no "action" on your part to justify criminal charges.

Customer: replied 3 years ago.
Ok that makes sense. So even though I didnt ask to find out why the notice was on there, that doesnt make it reckless or negligent on my part from a criminal perspective?
Expert:  Joseph replied 3 years ago.

Absolutely not. Your actions come nowhere near the level of reckless or negligent.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just start your question with "FOR JOSEPH" and I will gladly pick up the question as soon as I am on-line.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and other Criminal Law Specialists are ready to help you

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