Despite the best efforts of parents, defective toys can still make their way into children’s hands, leading to potentially devastating damage. You have the right to take legal action against negligent manufacturers, so this blog from our personal injury lawyers will walk you through what you need to do after a defective toy injury and the process for receiving the compensation your family deserves.
Types of Defects
Unfortunately, toy defects are common and range from mild to lethal. Some of the most common defects include sharp edges, toxic materials, powerful magnets, and burn hazards that can cause significant harm to a child.
When a toy’s design is inherently unsafe for its intended use, it is considered to have Design Defects. This type of defect affects entire ranges of toys and can lead to numerous injuries. For example, a toy designed with a small piece that is easily dislodged poses a choking hazard.
Manufacturing defects typically occur in the production line due to machine or human error. They usually affect only a small number of toys in a range. Manufacturing defects can include incorrectly installed parts or the use of incorrect materials.
A marketing defect is when a product is released to the public without adequate warning labels or instructions. For children’s toys, these defects can include packaging that doesn’t state the intended age group that can safely play with the toy.
Understanding Product Liability
Product liability is the legal responsibility of manufacturers, distributors, and retailers to be held accountable when their products cause injuries or damages. It’s vital to know your consumer rights to file a product liability claim should you or your family be injured by a defective product.
Product liability laws include regulations for designing, manufacturing, and distributing all products, including toys. Any commercial toy manufacturer must legally adhere to the rules, or they can face severe legal and financial consequences.
Toy safety regulations control the materials, durability, and appropriate age ranges. In contrast, manufacturer responsibility regulations cover toy companies’ steps to ensure their products are safe.
Recall procedures are the final barrier the manufacturer can initiate to notify consumers to return or destroy defective products. If any party involved in the production of the toy has not met these standards, they can be held liable for the incident and all damages resulting from the defect.
Product Liability Claims
A product liability claim can be based on negligence, strict liability, or breach of warranty. Strict liability refers to the legal doctrine that holds toy manufacturers responsible for damage caused by their products regardless of fault. These claims are commonly centered on the inherent danger of a toy, so the injured party must prove that the toy was defective.
Negligence claims seek compensation because the child’s injury was caused by the manufacturer’s failure to adhere to required safety standards. Breach of warranty claims are filed when the toy doesn’t meet the manufacturer’s warranty terms. This claim requires proof that the breach of warranty directly led to the child’s injury, but the warranty can be explicit or implied, depending on the circumstances.
Your Responsibilities After a Defective Toy Injury
Ensure Your Child’s Safety
Call 911 and request an ambulance immediately or take your child to urgent care. A doctor must examine the child and provide a full report of the injuries, which can become vital evidence in a toy injury claim.
Keep the Toy
You must keep the defective toy as it is. Do not try to repair or dispose of it, as this will destroy the evidence of the defect and void any claims. Store all the original pieces of the toy and its packaging in a safe place to be examined when you file your claim.
Document the Incident
Take detailed notes of everything that led up to the incident, the sequence of events, and everything that happened afterward. Take numerous photos and videos of the toy, the injuries, and any damage the toy caused.
Report the Incident
Reporting the company, the defective product and the injury is crucial. This step will establish a record of complaints and protect other children who may have the same defective product. You can contact the U.S. Consumer Product Safety Commission to make your report or contact the manufacturer.
Maintain Records
To accurately calculate your damages, you must keep all documents and bills related to ER visits, doctor appointments, specialist consultations and treatments, surgeries, medication, and anticipated treatment for long-term injuries. These documents are proof of your medical damages.
You should also keep a journal of everything that happens to your child after the incident, including behavioral changes, pain, emotional well-being, limitations to activities, and changes in their routine. Take videos and photos of everything and track the injuries as they heal. All these records can be significant evidence that conveys the extent of the damage.
The Process of Filing a Product Liability Claim
As a consumer, you have the right to file a liability claim if a defective toy injures your child. Your first step should be to hire a product liability lawyer who will secure the compensation you deserve. Your lawyer will gather all relevant evidence and use it to establish your damages as a monetary amount so you can file a product liability claim.
Your lawyer will guide you through the legal process, investigate the incident, negotiate with the liable parties, and, if necessary, take your case to trial. Your lawyer’s priority will be to issue spoliation letters (a legal letter demanding the preservation of specific evidence) to prevent the destruction of evidence and preserve it for investigation.
It is also a lawyer’s responsibility to determine liability, which is done by carefully examining the incident from every angle, including what the defect is, where it started, production lines, and distribution chains. To file a liability claim, you must prove that the toy was used for the intended purpose, was defective in its original state, and injured your child.
It is typically preferable to settle a liability claim out of court, but some circumstances make it necessary to proceed to trial. For example, if the liable party refuses a fair settlement or denies responsibility. If your claim goes to trial, your lawyer will present evidence and argue your case to ensure a fair and lawful conclusion.
Seek Justice to Safeguard Your Child
Navigating your child’s injury can be overwhelming and emotionally taxing, but understanding your rights can give you a way forward. By recognizing the defect, knowing what you must do, and understanding the legal process, you will be better equipped to protect your child and seek compensation.
It’s important to remember that taking legal action against the responsible parties doesn’t only help your family; it also contributes to making toys safer for all children. If you find yourself in this challenging position, contact a product liability lawyer for the support you need to prioritize your child’s future.
