A California mother is taking legal action against Etsy after her toddler was strangled to death by a teething necklace.

As WBALTV 11 reports, Danielle Morin received the necklace from a close friend as a gift for her 18-month-old son, Deacon Morin.

That necklace was purchased from Etsy, an online shop that features handmade or vintage items and craft supplies.

CBS Los Angeles

On October 5, 2016, Deacon was put down for a nap with the teething necklace still around his neck while at day care. He suffocated when the necklace tightened around his neck and did not release.

Deacon passed away five days after on October 10.

As WBALTV11 reports, the online receipt states the necklace is supposed to help alleviate pain for teething babies. Further, it is supposed to have a releasing safety clasp that automatically releases when the necklace is pulled on.

John Carpenter, Morin’s attorney, said:

“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.”

Now, Morin is suing Etsy and the Lithuanian company that provided the necklace.

CBS Los Angeles

On the other hand, Etsy has a “terms of use” policy intended to protect the website, which specializes in handmade items, from such lawsuits.

According to CBSLA, the terms state:

“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.”

However, Carpenter says his client did not agree to those terms because the necklace was gifted to her.

An Etsy spokesperson released the following statement:

“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.”

However, Morin is holding her ground. And above all, she is warning other parents about the dangers of online products.

She said:

“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.”

The company Bambero, who sold the product, has yet to release a statement.

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Mom Sues Etsy After the Teething Necklace She Was Gifted Malfunctioned and Strangled Her Son

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