$7.25 Million Settlement in Libra Dresser Tip-Over Case, Believed to be Largest Recovery for Death of a Child in NY

Two-year-old LL was a healthy and happy little girl residing with her parents in their home in upstate New York. When mother and father learned that mom was pregnant with LL, they were surprised and delighted. LL was their first and only child together.

Shortly after LL was born, her parents were gifted with a three-drawer “Libra” dresser manufactured and sold by South Shore Industries, a Canadian company. However, and contrary to established design safety procedures, no hazard analysis or other testing was ever performed to determine whether the dresser was sufficiently safe and stable to use in a child’s bedroom.

On August 15, 2017, LL’s mother entered her daughter’s bedroom and was horror-struck to see her underneath the South Shore dresser, which had tipped over and fallen on top of her. Because LL’s body cushioned the dresser’s fall, she suffocated in silence. Despite best efforts of first responders to resuscitate her, LL was pronounced dead later that day.

A lawsuit against South Shore was filed in Erie County in New York. Following extensive discovery, product testing and analysis of the unsafe design of the Libra dresser by prominent product safety experts, the case was mediated before Ronnie Gallina of JAMS, who helped the parties arrive at a settlement of $7.25 million dollars. It is believed to be the largest recovery for the death of an infant or child ever reported in New York. LL’s family was represented by Feldman Shepherd partners Alan M. Feldman, Daniel J. Mann and Edward S. Goldis, who have been leaders in litigation against manufacturers of unstable dressers that have fatally injured other toddlers.