02-May-2012

Written By Attorney Joshua W. Carden

Lawyers get a bad rap sometimes.  Some say we have no heart, that we think of nothing but money, that we spend all of our spare time playing golf (or talking about golf), that we lie, cheat, and steal to get ahead – and that’s just our fellow lawyers talking.  You should hear what normal people say about us!  Well, here at Davis Miles, we are working very hard to obliterate the popular attorney stereotypes of today and to return the practice of law to the position of honor and respect that it once had in our communities.  To that end, today’s topic is about what Davis Miles is doing to help sleeping babies.  You can help us too!

On December 28, 2010, the Consumer Product Safety Commission articulated new safety rules for the construction of baby cribs.   These rules made significant changes to the requirements for cribs used in “child care facilities, family child care homes, and places of public accommodation.”  The big change (though not the only change) is that the old “drop side” cribs may no longer be used at those types of places.  And guess what?  “Places of public accommodation” includes not just hotels and motels, but also any church or community organization where someone is paid to provide child care!  I’m not entirely sure, but I think this rule may have been inspired by my youngest brother, still known at church by his nom de guerre “Baby Houdini.” 

Now, if your church or gathering is “volunteer only” – meaning nobody gets paid to help with the kids – you’re not required to upgrade your crib.  But if any money changes hands with anybody else for child care, better check the cribs!  If CPSC finds a violation of the new standards, the offending organization could face civil penalties and/or a lawsuit from the state attorney general’s office. 

Enforcement of the new rules begins on December 28, 2012.  Ask your favorite church, temple, synagogue, gym, motel, etc. if their cribs are in compliance with the new rules.  We’ll be sending a courtesy letter to the same organizations in our community as the deadline gets a little closer.  If, after investigating, you’re not sure whether a crib is in compliance or not, you can request a “certificate of compliance” from the manufacturer to make sure it meets the new standards.  Let’s all do our part to help our community get ready.  After all, it’s for the kids!

For more detailed information, including a poster summarizing the new requirements, visit: 

Consumer Product Safety Commission “Crib Information Center”

Official CPSC Poster summarizing the new requirements 

Joshua Carden is a partner with Davis Miles McGuire Gardner, PLLC and handles commercial litigation (trials and appeals), including, business disputes, employment issues, and real estate, among others. He also survived sleeping in a “drop side” crib. This article is intended to provide general information about the law designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice — the application of law to an individual’s specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult Davis Miles McGuire Gardner, PLLC (or the law firm of your choice) if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation.