Taking Action After Your Child Was Injured by a Toy
Posted in Product Liability on March 10, 2022
As parents, we expect that the toys that we buy for our children are safe to use. The last thing that we expect is for our child to be injured by a toy. Unfortunately, many children suffer severe and life-altering injuries due to dangerous and defective toys every year.
If your child was injured by a toy, you may be eligible for a lawsuit against the manufacturer of the defective product. A Missouri product liability attorney can represent your family’s claim and help you hold the company accountable.
Types of Product Liability Claims Against Toy Manufacturers
All manufacturers, including toy makers, have a duty to ensure that their products are safe to use. If any hazards are present, they must take steps to reasonably warn consumers of the potential dangers. A toy manufacturer may be liable for any injuries that occur due to manufacturing, design, or warning defects present in the product.
There are three types of product liability claims that you could file against a toy manufacturer.
- Manufacturing Defects: The toy suffered a defect during the manufacturing process and harmed your child. For example, say that a company usually files a toy’s sharp edges during the manufacturing process. If your child receives a toy without this edge filed down and later cuts himself or herself on it, the manufacturer would be liable.
- Design Defects: The toy is inherently dangerous due to its design and your child is injured by the design defect. For example, a toddler’s toy with small, swallowable parts is defective in its design, as small parts pose a choking risk to these children. The manufacturer would be liable for any choking injuries.
- Failure to Warn: The manufacturer failed to provide adequate warnings or instructions for the toy, and the child was injured as a result. For example, say that an electronic toy may catch on fire if it is left charged for too long, but the toy instructions fail to mention this fact. The manufacturer would be liable for any burn injuries.
Compensation Available After a Defective Toy Injury
Defective toys can cause serious injuries, resulting in financial hardship, physical pain, and emotional trauma. If your child was injured by a defective toy, your family deserves justice.
By filing a product liability lawsuit, you can recover compensation for any damages that your child suffered as a result of his or her injury. Examples of compensation available after a defective toy injury include the following.
- Medical expenses
- Disability accommodations
- Property damage
- Chronic pain
- Permanent disability
- Emotional distress
- Post-traumatic stress disorder
What to Do If Your Child Is Injured by a Toy
If your child is injured by a toy, it is important to seek medical attention as soon as possible. Call 911 and take your child to the hospital. Save all records related to his or her treatment and injuries.
Next, collect evidence at the scene of the accident. Take as many photographs as possible of the toy, the area around the incident, and any damage that occurred to your home. If possible, photograph your child’s injuries. Then, pick up all of the pieces and secure the toy in a safe place.
Bring all evidence related to your child’s injury to an attorney as soon as possible. A lawyer can evaluate your case and represent your child’s interests in civil court, helping you hold the manufacturer accountable. Contact a Kansas City product liability lawyer as soon as possible to discuss your next steps.