baby
This is a representational image of a premature newborn lying on a cot in the neo-natal ward of the Delafontaine hospital in Saint-Denis near Paris, March 19, 2013. Getty Images/Joel Saget

Online marketplace Etsy is being sued by a mother after her one-year-old son died in 2016 after being strangled by a Baltic amber teething necklace she received from a friend who had purchased it on the website.

Danielle Morin lost her son Deacon on Dec. 10 of that year. The boy was found dead at a daycare center in Fontana, California. "It scares me for other parents," Morin told CBSLA.

She continued, "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 products…No parent should have to bury their child."

Read: Dog Mauls 6-Month-Old At Babysitter's Home, Child Dies

Teething products are meant to help alleviate pain for teething babies and are supposed to have a releasing safety clasp that automatically releases if anything pulls on it. Deacon's necklace, however, had a screw-on clasp that could not be released when he was caught on something, and he suffocated.

And while the terms of use on Etsy's website state, in part, that since items sold are sold by independent sellers "any legal claim related to an item you purchase must be brought directly against the seller of the item," Morin’s attorney, John Carpenter, said Etsy is still legally responsible for Deacon’s death.

Carpenter says she has a right to file a lawsuit because she received the necklace as a gift and therefore did not agree to these legal disclosures.

An Etsy spokesperson told International Business Times on Wednesday about the matter, "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."

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