Products for infants, such as baby clothes, have strict regulations for infant safety. So baby toys and infant toys are associated with different safety concerns than toys for older children. In particular, baby toys must pass rigorous standards to ensure that they do not pose significant risks of injury to the infant. Some common injuries and risks associated with baby toys include:
- Choking hazards
- Dangerous lead levels or other types of toxicity risks
- Risks associated with lacerations and cuts due to sharp edges
- Injuries resulting from falls
- Injuries resulting from suffocation
- Various other types of injuries
Perhaps the most common risk is that of choking. For instance, some water-absorbing toys can grow to large sizes when soaked with water. These can present dangerous situations if an infant ingests them. Toys that are particularly dangerous are typically subject to a baby toy recall and pulled from retail shelves.
Who can be Held Liable for Baby Toy Injuries?
In many instances, liability for a baby toy injury can be traced to the manufacturer of the toy. This is especially the case if there is a defect with the baby toy product. A common example of this is where there is a defect with the warning labels on the product.
For instance, if there are not sufficient warning labels regarding choking hazards, the manufacturer might be held liable for injury. Another common warning label issue has to do with the age range for the product. If a child or baby toy does not state the proper age range that toy should be used for, the manufacturer might be held liable in that case as well.
Other product defect issues include defects in the way that the product was designed, or defects in the way that the product was manufactured. These types of defects can pose injury risks to large numbers of the consumer population.
In other cases, a professional caretaker or day care center might be held liable for negligence in relation to a baby toy injury. This can happen if they allow a baby to play with a toy that they knew (or should have known) was dangerous or defective.
What are the Legal Remedies for Baby Toy Injury Cases?
Baby toy injuries can be serious and may require legal action to remedy any disputes. Injuries can sometimes affect the infant and create conditions that last well into adulthood; these types of injuries must also be factored into the lawsuit. In such lawsuits, a damages award is often issued to the injured party. The damages may cover costs such as medical expenses, surgery costs, ongoing treatment, pain and suffering, and other types of losses.
Baby toy recalls and injury claims can often lead to class action lawsuits if several consumers are injured by the same type of product issue.
Do I Need a Lawyer for Help with a Baby Toy Recall Lawsuit?
Baby toy injury lawsuits may be complex and often require the assistance of an attorney. It may be in your best interests to hire a personal injury lawyer in your area if you need help with a claim. Your attorney can provide you with advice and can guide you through the process as well.