My Child Was Injured Because of a Defective Toy. What Are My Legal Options?

 Posted on January 13,2021 in Defective Products

For children, little is more exciting than getting a new toy. Unfortunately, children’s toys can lead to serious injuries and even death. The Children’s Safety Network estimates that children suffered over a million toy-related injuries between 2015 and 2018. If your child was injured or killed in an accident involving a defective or dangerous toy, you may be interested in learning about your legal options. In some cases, a product liability claim may hold a negligent toy manufacturer accountable for a child’s injury or death as well as recover financial compensation for damages.

Toy Manufacturers are Held to High Safety Standards

The Consumer Product Safety Act is designed to protect consumers from dangerous or defective products. Product designers, manufacturers, and distributors must ensure that their products do not present an unreasonable risk of injury or death to consumers. When the intended user of a product is a child, the stakes are especially high. Many toys intended for young children must be tested for safety and certified before they reach store shelves. Toys that are most commonly associated with child injuries include:

• Tricycles, scooters, skateboards, and other riding toys
• Balls
• Balloons
• Toy cars
• Building sets
• Stuffed animals
• Action figures

Do I Have a Claim?

Many toy-related injuries are minor and do not require extensive medical treatment. However, toy-related accidents can also lead to severe injuries including burns, broken bones, choking, strangulation, and poisoning. Tragically, some toy accidents are fatal. It can be hard to know for sure when a child’s injury or death is the fault of a toy designer or manufacturer. Product liability claims often involve one of three types of defects:

• Manufacturing defect
• Design defect
• Insufficient instructions or warnings

If you suspect that your child was harmed because of a defective or dangerous toy, speak with a product liability lawyer right away. Your attorney can investigate the circumstances of your child’s injury and consult with experts who can provide input regarding the toy’s safety. If your child’s injury or death was caused by a toy company’s negligence, a product liability claim may allow you to hold the company accountable for the harm they have caused. You may also recover financial compensation for damages such as medical bills, funeral costs, and pain and suffering.

Contact a Waukegan Dangerous Toy Lawyer

If your child was injured or killed by a defective toy contact Salvi & Maher, L.L.C. You may have a valid product liability claim. Speak with an experienced Lake County product liability attorney from our firm to learn more. Call 847-662-3303 and set up a free, confidential consultation.

Sources:

https://www.childrenssafetynetwork.org/infographics/toy-injuries-us-children-know-facts

https://www.cpsc.gov/Business--Manufacturing/Business-Education/Toy-Safety-Business-Guidance-and-Small-Entity-Compliance-Guide