Mother sues Etsy after child is strangled by teething necklace

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A California mother has filed a lawsuit against Etsy after her 18-month-old son was strangled by an item bought on the retail website.

Deacon Morin was found unresponsive after being placed down for a nap Oct. 5 at Marriott Family Child Care in Fontana. He was rushed to a hospital, where he died five days later.

Investigators say the boy was wearing a beaded necklace around his neck when he took the nap. CBS Los Angeles reports the necklace tightened and did not release, causing Deacon to suffocate.

The teething necklace was given to his mother, Danielle Morin, as a gift by a close friend who purchased it on Etsy, a website that specializes in handmade items.

According to the online receipt, the necklace is meant to help alleviate pain for teething babies and is supposed to have a releasing safety clasp that automatically releases when pulled on.

"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," Morin’s attorney, John Carpenter, said.

Carpenter said the Etsy is legally responsible for Deacon’s death and has filed a lawsuit against the website in addition to the Lithuanian company that provided the necklace.

The terms of use listed on Etsy’s website state, 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 that Morin did not 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. No parent should have to grieve a child. No parent should have to bury their child," Morin said.

A statement from an Etsy spokesperson reads: “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.”