As a parent, you expect any toys you give your children to be safe and free of defects. Unfortunately, some manufacturers are negligent and fail to create safe toys for children, leading to severe injuries. There are several common situations where a toy might be defective.
Common Examples of Dangerous Toys
Toys designed for children should not have small parts they can choke on. They should not have sharp or protruding parts that can injure a child. They should also not break into small pieces that can cause your child to become injured. Sadly, some manufacturers do not take the necessary precautions to make toys safe, and some children are severely injured by their toys.
Product Liability
If a toy is defective and causes harm to a child, the manufacturer can be held liable for damages. You could receive compensation for your child's injuries. However, you must determine what went wrong before taking legal action.
Common Types of Product Liability Cases
Three types of defects can cause a toy to be considered defective: design, manufacturing, and marketing. Design defects occur when the product is designed in a way that makes it inherently dangerous. Manufacturing defects are when a mistake is made during manufacturing, leading to a toy different from what was intended.
Marketing defects occur when the manufacturer fails to warn consumers about potential dangers associated with the product. For example, the product might not have a warning label, and the instruction manual might not list potential risks.
What to Do After an Accident Involving a Toy
If a defective toy has injured your child, it is essential to take action. First, seek medical attention for your child's injuries. Then, contact an attorney who specializes in product liability cases. The attorney can help you determine whether the toy was defective and who is responsible for the harm caused to your child.
How to Hold the At-Fault Party Accountable
Manufacturers and retailers must make their products safe for consumers. Therefore, you can hold a manufacturer legally accountable if they fail to do so as long as you can prove that the product was being used as intended, that the product was defective or did not have sufficient warning labels, and that your child became injured as a result.
Your personal injury attorney will negotiate with the at-fault party or their insurance provider to help you receive compensation. They might recommend that you file a lawsuit if they cannot reach a settlement. For more information, contact a personal injury lawyer near you.
Share28 April 2023
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