It’s not unreasonable to expect that the products you buy for your family should be completely safe. Unfortunately, that’s not always the case, especially with toys for small children. Despite safety protocols and recall notices, hundreds of thousands of kids are still hurt by various toys every year. Whether the defective toy was an action figure, a hoverboard, stroller attachment, or something else entirely, you need to speak with an attorney if your child sustained an injury.
Potential Dangerous Toy Hazards
Although organizations like the Consumer Product Safety Commission monitor for potential dangers, toys still make it onto shelves that can hurt your loved ones. They may include hazardous materials like lead paint or sewing needles, or feature improperly manufactured parts leading to product instability.
In some cases, there may also be a lack of proper warnings on the packaging or in the instructions about the potential dangers of the toy, especially for younger children. Depending on the specific problem, any toy could involve dangers such as:
- Choking – Small detachable parts may be swallowed and caught in the airway.
- Flammable or acidic – Batteries can leak or explode, while toys with electronics or motors can catch fire.
- Projectiles – When fired, these objects can injure eyes or become lodged in the ears or throat.
- Strangulation – Long strings, cords, or rope can wrap around a child’s throat.
- Toxic – Certain chemicals and parts can be extremely dangerous if ingested.
The repercussions of any of these defective toy injuries can range from cuts and bruises to blindness, disfiguration, hearing loss, permanent disability, and even wrongful death. Your family may end up dealing with devastating medical bills while you have a loss of income, needing to take time off work to care for your child. That’s where an attorney comes into the situation to help you recover compensation from the at-fault party.
Why You Need an Attorney If Your Child Was Hurt by a Toy
Before the first meeting with a legal professional, it’s important for parents of injured children to understand when you can bring a lawsuit against a manufacturer. A child being harmed during the normal course of play doesn’t necessarily mean you have a case. For any chance at recovering damages, you need to work with an attorney to gather and produce evidence that:
- A dangerous and unexpected defect caused the injury
- The product was being used as intended
- The toy was in its original condition and not modified in some way by a parent or child
Depending on how the injury occurred, you may end up suing for liability over a defect that didn’t occur on purpose, or for direct negligence if you can provide evidence the manufacturer was aware of a problem but ignored the potential for harm. In other cases, the lawsuit may involve a breach of warranty instead. No matter what type of injury occurred or how the toy was defective, it is critical to talk to a lawyer early, as there is a statute of limitations on bringing lawsuits for child injuries.
The earlier you contact an attorney, the more time they have to thoroughly investigate the product chain. Whichever specific part caused your child’s injury may have a different manufacturer than the rest of the toy. The negligent party in the product chain could involve multiple manufacturers in different countries, quality control staff, engineers or other experts who advised the manufacturers, or even the retailer that sold the toy.
Discussing your child’s injury with an experienced product liability attorney is crucial to finding all possible sources of compensation and understanding which legal route to take for the best shot at a positive outcome.
Protect Your Family’s Legal Rights After a Dangerous Toy Injury
If your child was hurt playing with a toy that should have been safe, get in touch with the Scott Vicknair law firm as soon as possible. Our trial-savvy team of experienced product liability attorneys wants to learn about your case and help you decide how to move forward.
