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.
