Mother files lawsuit against Etsy after son allegedly strangled to death by teething necklace

Hope Schreiber
·Writer

A mother from California has filed a lawsuit against the retail website Etsy after her 18-month-old son was allegedly strangled by a beaded teething necklace purchased on the site.

In October of 2016, Deacon Morin was placed down for a nap at a childcare center in Fontana, Cali. During this time, the necklace, which was given to his mother, Danielle Morin, as a gift from a close friend, allegedly tightened around his neck and did not release. Deacon was discovered unresponsive and rushed to a hospital, where, five days later, Danielle took him off life support, ABC7 reported.

"Baby necklaces, if you use a baby necklace, should have a releasing safety clasp so if there's any pulling on it, it releases," Danielle's attorney, John Carpenter, told CBS Los Angeles. "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."

The necklace, according to the online receipt, is meant to alleviate pain during teething and was supposed to have a safety clasp that would release when pulled. Carpenter said that Etsy, which specializes in handmade products, is legally responsible for Deacon's death and has filed a lawsuit against the website. A lawsuit has also been filed against the Lithuanian company that produced the necklace.

Etsy's terms of use reads: "The items in our marketplaces are produced, listed, and sold directly by independent sellers so Etsy cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Etsy from any claims related to items sold through our services." However, Carpenter claims Danielle did not purchase the necklace and, therefore, did not agree to these terms.

"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 and these products aren't always safe,” Danielle said. “No parent should have to grieve a child. No parent should have to bury their child.”

While a representative for Etsy did not immediately respond to Yahoo Lifestyle’s requests for comment, they released the following statement: “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.”

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