A US mother is suing Etsy after her son died after sadly being strangled by a teething necklace purchased from the popular online store.

Deacon Morin was found unresponsive at a childcare centre on December 10, 2016. It is alleged he was strangled to death when the teething necklace he was wearing tightened and did not release as advertised.

The necklace was a gift to Deacon’s mother, Danielle, from a close friend who purchased it from Etsy. It was described as a Baltic amber teething necklace for babies, which is designed to alleviate pain caused by teething.

It was advertised to have a safety clasp that automatically releases should it be pulled on too hard, but in this case, it’s claimed the necklace failed to do so.

Morin’s attorney, John Carpenter, has filed a lawsuit against both Etsy and the seller, saying they are legally responsible for Deacon’s death.

However, Etsy says they are not at blame as their terms of purchase leave them free of any liability.

The terms of use on the website 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.”

An Etsy spokesperson added, “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 day care providers or, if appropriate, the seller of the necklace. We do not represent the seller in any way.”

Carpenter says that as his client didn’t agree to these legal disclosures – due the necklace being a gift – they do not apply to her circumstance.

Our hearts ache for this mum. This should never have happened!

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