When Playtime Turns Dangerous: Understanding Defective Toy Injuries

A Kansas City Product Liability Lawyer Outlines Legal Options If Your Child Is Harmed by a Defective Toy

Parents expect the playthings they give their children to be properly safety tested well before the products ever hit shelves. Unfortunately, though, unsafe toys may still make their way into our homes and endangering children. Product liability lawsuits are one way to hold negligent toy manufacturers and distributors responsible for the harm they cause.

If you’re hoping to protect your child and seek justice after a defective toy injury, don’t attempt to handle things on your own. It’s important to discuss your options with a Kansas City product liability lawyer at Fowler Pickert Eisenmenger Norfleet. We’ll examine the particulars of your case, help identify the responsible parties, and structure a claim for compensation.

Common Types of Toy Defects

While every case is different, similar threads tend to emerge in product liability claims. For example, design defects are common. Young children may swallow small parts or be cut by sharp edges. Manufacturing defects are also a real threat. Even if a design is relatively safe, improperly manufactured toys can lead to widespread issues.

Even marketing defects can be dangerous. Improper labeling and inadequate instructions often result in injuries. Failing to provide safety warnings or appropriate age recommendations may also cause harm.

Identifying Possible Defendants

When a child is injured by a defective toy, it’s important to know who can be held responsible. The skilled product liability team at Fowler Pickert Eisenmenger Norfleet has extensive knowledge of these cases and understands why several parties might be liable.

Manufacturers

Companies that make toys owe it to consumers to create safe products. If there’s a problem with the way the toy was designed or produced, the manufacturer can be held accountable.

Retailers

The stores or online shops that sell the toys must do their due diligence when selling products for children. In fact, they have an obligation to report any defective product to the U.S. Consumer Product Safety Commission. So if a retailer knowingly sold a harmful toy, it might also be held responsible for the injury.

Distributors

Companies that handle shipping and delivery of the toys from the manufacturer to the retailer also play a role in safety. If a defect occurred during this process, they might be liable, too.

Steps to Take After a Defective Toy Injury

If your child is injured by a defective toy, it's important to act quickly and carefully. After you ensure that your child receives the proper medical care, make sure to save all medical reports, including a health care provider’s probable cause of the injury, treatment requirements, and other actions. This is also important documentation to keep should you decide to take legal action. 

If you think the injury is severe enough to file a defective product claim, here’s what we recommend to get started. 

Preserve the Toy

Keep it and any packaging or instructions that came with it. Don’t attempt to fix or alter the toy, as it is crucial evidence.

Document the Incident

Take detailed notes about how the injury happened, including the date, time, and circumstances. Also photograph the toy, the injury, and the surroundings.

Report the Injury

Notify the retailer and manufacturer about the injury. This will not only alert them to the potential danger but also establish a record of your complaint.

Consult with a Kansas City Product Liability Attorney

Arrange for a free consultation with one of our product liability attorneys to ask any questions and to understand your legal options. We’ll help you determine if you have a valid claim and guide you through the process of pursuing compensation.

What’s Your Defective Toy Lawsuit Worth?

Many parents wonder whether taking this kind of legal action is worth the time and effort. Each case is different, so it’s impossible to know the exact value of a potential settlement without talking to a Missouri product liability lawyer. Still, it can be helpful to know what kinds of economic and non-economic damages are at stake. Potential settlements may include compensation for:

• Medical expenses. A product liability settlement can cover ambulance rides, surgeries, medications, and ongoing therapy. 
• Lost wages. Parents may even pursue compensation for the time they took off of work to help care for their injured child.
• Pain and suffering. It’s challenging to put a dollar figure on a child’s pain, but a product liability claim helps hold negligent toy companies responsible for the damage caused. 

How Our Missouri Product Liability Lawyers Can Help

After a child is injured by a defective toy, it’s easy to be confused about whether you have any recourse. Here’s how the attorneys at Fowler Pickert Eisenmenger Norfleet reinforce your claim. 

• We’ll conduct a thorough investigation. The toy manufacturers, retailers, and distributors are all scrutinized for their role in the injury. 
• We’ll issue spoliation letters to preserve and examine evidence and provide additional factual support with witness statements and expert opinions to help build a case.
• Our team also handles all necessary documentation and ensures claims are filed before important deadlines.  

Since many product liability cases are settled out of court, we’ll also negotiate with insurance companies to pursue a fair settlement. But if this isn’t achieved, our experienced litigators are prepared to take your case to court, advocating for your child's rights and fighting for the compensation your family deserves.