Defective children products are products, such as toys and high chairs, that are dangerous and present risks to small children or babies. These are usually categorized under defective products laws. Children’s product defects can be classified into three types:
- Defects due to the dangerous design of the product
- Defects due to negligent construction or assembly of a product
- Defects associated with a lack of appropriate warnings
Some children’s products may be subject to recall if they are found to be dangerous. However, injuries can occur in between the time of purchase and the time a recall is issued.
What Are Some Common Defective Children Products?
Even if a children product is not made defective, the design and purpose of the children product can be dangerous for a child. In many situations, the manufacturer has overlooked the dangers of the product before they placed the product for sale, especially in the case of latent defects. Some common children products that can be dangerous and defective for children are:
- Faulty child car seats and strollers
- Dangerous or flammable children clothing
- Unsafe toys, sharp edges, small parts that could cause choking (like slap bracelets)
- Long strings, ropes that can cause strangulation
- Defective cribs and baby beds
- Defective children drugs
- Toys that can be used as weapons
- Toys that can result in a choking hazard, such as a water absorbing toy that expands when wet
The reasons that most of these products are defective is because children do not notice the danger of the product and mainly see the toy as a playful item. Parents also do not notice the dangers involved with the toy until an actual injury occurs.
What Is at Risk Regarding Defective Children Products?
Defective children products is one of the most common types of defective products since there are many toys that can be dangerous for children. Even if the product was not defectively made, the product can have a dangerous design that could be harmful for children. Children are more at risk for defective toys since they would not notice the defect or the potential serious injury that could be harmed by the toys they are playing with.
What Are Some Common Types of Defects with Children’s Products?
One of the main concerns with defective children’s products is that the child may not be old enough or mature enough to handle certain risks associated with adult products. Some common types of defects that have been linked to children products include:
- Sharp edges or aspects of a toy
- Products that contain toxic materials, paint, or substances
- Toys that can easily be swallowed
- Products that involve electricity, heat, or other mechanical dangers
- Products with strings or cords that can cause choking
When many injuries result from the same product, a class action lawsuit may be filed.
Are There Any Legal Remedies for Injuries Caused by a Children’s Product?
Legal remedies for defective child’s products can include a damages award to reimburse the victim for costs associated with the injury. In order to recover damages, the plaintiff needs to prove that a certain party is responsible for the injury. In most cases, this is the manufacturer of the product (especially where the danger is caused by a defective design, manufacturing, or warning). Other parties might be held responsible, such as a retailer that failed to remove products from their store after a recall was issued.
In many cases, manufacturers will include suggested age ranges for a product. They may also include various disclaimers stating that they cannot be held responsible for injuries resulting from improper usage of a product. These types of claims can affect the way a products liability lawsuit is resolved.
Should I Hire a Lawyer for Help with Defective Children Products?
Products for children must be designed according to specific state and federal safety standards. If you believe you have a legal claim involving children’s product, you may want to hire a products and services lawyer in your area. A qualified attorney will be able to provide you with the legal advice and guidance that is necessary for your claim. Also, your attorney can help identify which options might be best for you to pursue in terms of legal relief.