Defective Children’s Products
Designers and manufacturers of children’s toys and products have a responsibility to consumers to properly test these items before distribution. If they fail to do so, innocent children can suffer catastrophic injuries or even death. In these situations, parents are legally entitled to file lawsuits against the negligent company at fault for the flaw, allowing them to fight for compensation to cover their children’s medical bills and other damages. Considering that these injuries can affect a child well into adulthood, these claims can be important for handling long-term medical expenses.
Dangerous Defects for Childcare Products and Toys
Products specifically created for children must be carefully designed, manufactured, and tested in order to prevent devastating accidents such as choking or exposure to toxic substances. Unfortunately, however, the following defects are common in children’s products and lead to thousands of recalls every year.
- Use of lead paint or other lead-based materials
- Designs that encourage risky or life-threatening behavior
- Unexpected breakages that may pose serious choking hazards
- Sharp edges that can cause lacerations
- Electric shock dangers
Parents should not be forced to cover the costs of their children’s injuries without full and generous remuneration from the party at fault for the damages.
Defective Children’s Products FAQs
Who is liable for a defective children’s product?
Determining liability in a defective children’s product case is often a very difficult task. Liability will most likely be placed on manufacturers, distributors, or retailers. These entities are aware of how costly and detrimental defective product lawsuits can be to their success, so they often do whatever they possibly can to limit the potential for liability. Manufacturers, distributors, and retailers have strong legal defense strictly for the purpose of avoiding defective product lawsuits. This protection can make defective product cases very difficult, but a skilled and experienced attorney can make taking on a negligent manufacturer much easier.
What do I do if a defective product has injured my child?
First, be sure to preserve the defective product as best as you can. This step will greatly strengthen your chances at having a successful lawsuit against the manufacturer, retailer, or distributer of the product. In order to prove in court that a defective product caused your child’s accident, you must be able to prove three things: the product was defective, the product was sold to you in this condition, and the defective part caused your child’s accident and resulting injuries. An experienced lawyer will be able to guide you through this complicated legal process and help you determine who exactly is liable.
Can I still receive compensation if a product that was recalled years ago injured my child?
The effect that a recall has on a defective product lawsuit varies from case to case. A recall does not automatically get a manufacturer of the hook, but it also does not automatically make the manufacturer liable. If the product was recalled, but you never received notice or any proper warning of the recall, then the manufacturer may still be liable for your child’s accident and resulting injuries. In some lawsuits, courts will not even allow recalls to be admitted in a case because they want to keep the jury from becoming prejudiced by that information. An experienced defective product lawyer will be able to evaluate your situation and determine how the presence of a recall will affect the case.
If your child has been injured because of a company’s dangerous childcare products or toys, you may be eligible to fight for financial compensation on behalf of your son or daughter. To learn more about your legal options and how we can help you with your case, contact a defective children’s products attorney from Hach & Rose, LLP, today by calling (212) 779-0057.