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3 FAQs About Product Liability Claims Involving Defective Children’s Toys

August 18, 2019

by ogkdev

personal injury lawyer

When shopping for children’s toys, what kinds of factors do you consider? You probably have a budget, for example, and you’ll undoubtedly want to get products that are age-appropriate. The kids’ interests—not to mention current fads—will inevitably play a role, too.

Unfortunately, there’s one factor that parents, grandparents, aunts, and uncles with even the best intentions often fail to consider: product recalls. You don’t have to click beyond the first page of the Consumer Product Safety Commission’s list of recalled toys to see that all kinds of toys are pulled from the shelves for all kinds of reasons.

Here, we’ve answered some of the most frequently asked questions about injuries resulting from defective toys and the product liability claims they may warrant:

  1. What Should I Do If My Child Is Injured While Playing with a Defective Toy?

If your son or daughter gets hurt while playing with a defective toy, head to the local urgent care center or emergency department for prompt medical attention. After your child’s condition stabilizes and you return home, find a safe place to store the toy. If you have grounds for a product liability claim, the toy itself will serve as one of the most important pieces of evidence.

Then, see if you can find any documentation regarding the product’s purchase. The original packaging and instruction manual could also contribute to your claim.

If you received any correspondence regarding a recall, gather those letters, as well. Finally, bring all these documents to your first meeting with a personal injury attorney so together you can determine the most strategic way to proceed.

  1. What Kinds of Damages May Be Recoverable in a Product Liability Claim?

If your son or daughter sustained injuries because of a defective toy, you may be able seek compensation for:

  • Medical expenses;
  • Pain and suffering;
  • Emotional distress;
  • Loss of enjoyment in life;
  • Home care; and
  • Home or vehicle modifications necessary for accommodating any physical disabilities.

If you or your spouse was hurt despite using the toy as directed, you can include all of the above in the settlement negotiations, as well as lost wages, lost benefits, and loss of future earnings.

  1. Who Might Be Liable for Injuries Caused by a Defective Toy?

The nature of the defect will determine who might be liable for any injuries the toy causes. Potentially at-fault parties include:

  • The original designer or engineering firm;
  • The manufacturer;
  • The package designer;
  • The marketing agency that advertised the toy;
  • The distributor; and/or
  • The retailer.

Call 772-266-5555 for a Free Consultation with a Florida Product Liability Attorney

If you or someone in your family was hurt while playing with a defective toy, contact Donaldson & Weston. We have represented hundreds of clients in personal injury and wrongful death cases.

Our attorneys understand the physical, emotional, and financial toll that an unanticipated injury can have on the whole family. Call 772-266-5555 or use our Online Contact Form to set up a free consultation with a product liability lawyer in Florida.