Many of the most dangerous products on the market are actually toys, or products that are intended for use by children and minors. Since there are a variety of different toys that are manufactured for children, there are many dangerous defective toys that are recalled back by the manufacturer each month. By the time the recall has been called, the defective toy might have already injured many children.
A dangerous and defective toy can come in many forms:
One of the most common types of dangerous hazards that are found in toys is the presence of lead. Lead is a poisonous substance that has been found in a variety of different toys manufactured by toy companies. Small children are exposed to this poisonous substance since many small children chew on toys or swallow the lead dust and paint chips used to manufacture the toys.
Some toys involve a risk of danger by their nature; others are dangerous due to some sort of product defect or abnormality. Some examples of dangerous toys may include:
Also, toys that are imported from other countries may present special hazards. For instance, some such toys may contain high amounts of lead or other toxic material. This is especially a problem if the toys did not pass through customs properly when they were brought into the country.
Children are injured from toys either because 1) the toy was used improperly, or 2) the toy itself was defective or or inherently dangerous. Many toys are manufactured in third world countries where the quality and material used to make the toy is cheap or toxic.
Some common types of injuries that are suffered by children from dangerous and defective toys include:
If you believe that you have a claim involving a dangerous toy, you should compile the various receipts, documents, and statements that might be used when filing your claim. You may need to compile a record of items such as payment receipts, hospital bills, and witness statements, which can be used in court during trial.
If a dangerous toy injured your child and you believe the injury was as a result of the manufacturer’s negligence in making the dangerous toy, you must be able to prove the following elements:
The injuries that your child has suffered from the defective toy must be serious enough to require medical attention. If your child’s injuries were minor enough not to result in any medical care, no products liability claim exists.
One exception to the legal burden of proof in products liability cases that involve dangerous products is called strict liability. Strict liability cases help parents hold a manufacturer liable for a dangerous product without having to prove all four elements required for a negligence claim.
In strict liability cases, the courts only require the plaintiff of a dangerous product claim to prove that the product was clearly and obviously dangerous, defective, and/or hazardous for consumer use. This type of danger can include a defective design, manufacturing defect, or defective warning label.
You will want to contact a personal injury lawyer to determine what your legal options are in your state. Every state has different laws when it comes to personal injuries and consumer rights. A qualified lawyer can help you file your claim and can represent you in court during the trial process.
Last Modified: 03-28-2018 03:15 AM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.