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Tragic Drowning Incident Sparks Lawsuit Against Amazon
The devastating drowning of 3-year-old Kai Bernabe at his family’s home in suburban Los Angeles has raised serious concerns about product safety. Authorities initially deemed the incident a tragic accident, but Kai’s parents now attribute their son’s death to a faulty sliding door lock purchased from Amazon.
At a press briefing in April 2023, a police representative stated, “There’s nothing to indicate anything beyond a tragic accident here.” However, following the incident, the family’s legal action has shed light on the circumstances that led to the drowning of Kai and his twin brother, Liam, who survived but was also in danger.
In a lawsuit detailed by The Independent, Mark Bernabe and Jasmine Coleman alleged that the sliding-door lock failed to secure properly, contributing to the unfortunate circumstances of their son’s death. Their claims position the majority of the responsibility on Amazon and the lock’s manufacturer.
The family’s attorney, Andy Morrow, has refrained from discussing the lawsuit, stating in an email, “Unfortunately it is our policy not to comment on pending litigation.” Attempts to get comments from Amazon and its legal representatives have gone unanswered.
On April 21, 2023, after what the family described as an active morning, the twins and their parents laid down for a nap. The lawsuit asserts that the couple confirmed the sliding door to the backyard was locked, as customary. However, security footage revealed that the toddlers managed to unlock the door with minimal effort.
The complaint depicts a distressing scene where, upon waking, Coleman went outside and discovered Kai unconscious in the pool. She attempted to revive him with CPR, while Bernabe found Liam unresponsive in the deeper end. Emergency services were called, but tragically, only Liam survived after being taken to the hospital.
In the wake of this tragedy, a friend set up a GoFundMe campaign, which raised nearly $80,000 to assist the family with the financial burdens resulting from their loss. The campaign highlighted the indescribable pain the family is enduring.
In the lawsuit, Bernabe and Coleman accuse Amazon of selling a “defectively designed” product, asserting that it was unsafe for its intended use. They were reportedly drawn to the lock due to its advertised safety features, touted on the Amazon listing as a “Child Proof Safety Device.”
Despite its claims of durability and safety, the lock failed when it was needed most. The couple’s complaint addresses how Amazon should have ensured the reliability of the products offered on its platform.
The lawsuit contends that both Amazon and the lock’s manufacturer, Okefan, did not conduct thorough safety testing and were aware of existing complaints regarding the lock’s efficacy with children. It claimed that both entities neglected consumer feedback about the product’s design flaws.
To date, Okefan has not provided comments regarding the lawsuit and has an uninformative website that complicates consumer access to support. In its defense, Amazon has asserted that it neither knew nor had any reason to suspect a defect with the product and denied negligence.
The Bernabe family is pursuing a jury trial, requesting at least $2 million in damages. Both parties are scheduled for a preliminary court conference on May 2, as the family seeks accountability for an incident that has irrevocably changed their lives.
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