NEW SAFETY LAWS ABOUT BABY CRIBS

At the September, 2011 Presbytery meeting I spoke about the new federal regulations regarding baby cribs. By the end of 2012 it will be illegal to have cribs with drop sides in church nurseries. In purchasing new cribs, looks for tags which state that the cribs are compliant with the Consumer Product Safety Act. Non-compliant cribs may not be sold or given away abut should be destroyed.

Churches that continue to use noncompliant cribs face an array of risks, including the following:

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  • Substantial penalties under the consumer Product safety Act of up to $100,000 per noncompliant crib.
  • Compensatory damages in a civil lawsuit in the event that a child is killed or injured as a result of a defective and noncompliant crib.
  • Punitive damages in a civil lawsuit in the event that a child is killed or injured as a result of a defective and noncompliant crib. These damages can be substantial, and they are not covered by a church’s general liability insurance policy since such coverage generally is deemed to be contrary to public policy.
  • Personal liability of members of the church’s governing board who approved the use of noncompliant cribs in the event that a child is killed or injured as a result of a defective and noncompliant crib, since the immunity from liability under state and federal law for uncompensated board members of nonprofit corporations does not extend to gross negligence.
  • A church’s general liability insurance policy may contain an exclusion barring coverage for claims resulting from deaths and injuries caused by a defective product.
  It is important for church leaders to understand that all of these risks, except the first one, apply equally to churches that do not offer child care for a fee and therefore are not “child care facilities” subject to the new crib regulations. As a result, church leaders should not permit noncompliant cribs to be used in a church nursery or child care facility regardless of whether the church satisfies the definition of a child care facility. Churches that continue to use noncompliant cribs, both before and after December 29, 2012, not only jeopardize the health and life of infants, but also expose themselves, and potentially members of the church board, to substantial liability.

© 2012