Mother sues Etsy after toddler strangled to death by teething necklace

SAN BERNARDINO, Ca. (KCAL/CNN) — A mother whose toddler son was strangled to death by a necklace is suing Etsy.

On Dec. 10, 2016, 1-year-old Deacon Morin was found dead at a childcare center in Fontana. He was strangled to death after a necklace he was wearing tightened around his neck and didn’t release.

The necklace was given to Danielle Morin, the boy’s mother, as a gift by a close friend, and it was bought on the website Etsy.com.

The necklace is described as a baltic amber teething necklace for babies.

Morin’s attorney John Carpenter says Etsy is legally liable for Deacon’s death, and has filed a lawsuit against the online retailer and the Lithuanian company that provided the necklace.

“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.com 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,” Carpenter said.

The terms of use listed on Etsy’s website say, in part: “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.”

Carpenter says Deacon’s mother didn’t agree to these legal disclosures because she received the necklace as a gift.

“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,” Morin said. “No parent should have to grieve a child. No parent should have to bury their child.”

In a statement to the reporter, Etsy says it cannot comment on active litigation.

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