Defective Toy Attorney
Product manufacturers have a high degree of responsibility to adequately test toys for children and other types of kid-friendly products for safety hazards. Unfortunately, a significant portion of product manufacturers bypass the guidelines required for product safety testing, resulting in serious injuries and fatalities to children due to the manufacturer’s negligence. The product liability lawyers with The Galione Law Firm, P.A. can investigate the cause of your child’s injury and work with you to hold accountable the responsible parties for their negligence. If your child was injured due to a toy which comprised design flaws or lacked the proper warnings, contact our Gainesville child injury law firm today.
Common Causes Of Defective Toys Child Injuries
From 2017 to 2018, there were more than 251,700 toy-related injuries that required emergency medical attention, according to the U.S. Consumer Product Safety Commission. Each of these injuries affected children under the age of 15. While not every toy-related accident is a direct result of third-party negligence on part of the products’ manufacturers, the following comprise the three primary types of negligence which affect the safety of a toy or child product.
Toy Design Defects
Toy design defects occur due to hazardous product design and may include toys that cannot sustain the weight of a child; toys with small parts that may lead to asphyxiation; toys with sharp objects; toys that cause electrical shock; and failing of the company to re-evaluate product design and internal safety standards by surpassing the minimum federal safety requirements.
Toy Manufacturing Defects
Toy manufacturing defects occur when the product is ineffectively built or poorly constructed and features little to no consideration for child safety requirements. These defects may include unsafe toy wrappers and packaging; toys made with lead paint and other hazardous chemicals; toys and clothing made with flammable materials, and poorly build play areas.
Toy Warning Defects
Toy warning defects occur when the warning label on a child’s toy is missing; is included but does not include pertinent information about hazards to children; or is included but features incorrect or inaccurate information about potential hazards to children under a certain age, such as art materials that fail to identify and label potentially hazardous materials, among others.
In a significant portion of cases, significant injuries to children occur before the toy company realizes the defect and issues a product recall. Whether the fault lies with the toy designer, the toy manufacturer, or the store from which the toy was purchased, a defective toy attorney with our firm can investigate the resulting injuries to your child, determine the party responsible, and hold them accountable for negligence. Contact our child injury lawyers for a case evaluation.
Common Injuries Caused By Defective Toys
Defects to a child product or toy due to design defects, manufacturing defects or warning label defects can result in major injuries and even the death of a child. Common injuries caused by accidents with defective toys include the following.
- Behavioral issues
- Blunt-force trauma
- Brain injury
- Developmental issues
- Electric Shock
- Eye Injuries
- Hearing damage
- Internal injuries
- Learning disabilities
- Neurological damage
- Organ failure
- Puncture wounds
Who Is At Fault In A Defective Toy Accident?
To ensure the safety and care of products sold within the marketplace, product designers, manufacturers, distributors, and retailers must act with a reasonable standard of care. This standard is increased regarding those who create, make, distribute, and sell items made for children, such as toys. Individuals who fail to ensure adequate safety precautions with toys for children and those who intentionally inflict harm on children may be held liable for any injuries which may result. Liable parties may include the manufacturer that made the defective product, the wholesaler who distributed the product, and the retailer who sold the product.
How Is Fault Determined In A Defective Toy Case?
The evidence to be presented in court in order to win a claim for defective toy product liability depends on the particular circumstances of the case. Regarding the required elements to prove fault in a Gainesville product liability case against a toy manufacturer, parts manufacturer, assembling manufacturer, packaging company, wholesaler, or retailer, the following conditions must be proved within a court of law.
- An injury or some form of damage was sustained by a child
- The product which caused the injury is defective or lacked proper warning or instructions
- The defect or lack of warning or instruction directly resulted in the injury
- The toy was used in a manner in which it was intended to be used
Theories Of Liability In A Defective Toy Claim
There are three primary theories of liability commonly used in defective products cases — Breach of Warranty, Strict Products Liability, and Negligence. One or more than one of these theories may be used at one time within a defective toy claim.
Breach Of Warranty
If a child is injured by a toy or child product while using the toy or child product for its intended purpose, he or she may be able to file a breach of warranty lawsuit. The majority of breach of warranty suits are filed regarding items with either written warranty or expressed warranty, but Florida law also recognized certain cases in which the warranty was implied.
Strict Products Liability
This type of claims proved that the injury sustained by the child was a direct result of the defective toy or child item. In a strict liability claim, proof of negligence is not required, as this claim simply establishes the defective nature of the product in question. With strict products liability, the company at fault is held liable regardless of any accident-prevention precautions.
A negligent toy or child item illustrates with proof that the product was made defective due to the negligence of a manufacturer, a designer or a marketer — or one of the parties within the process of creating the product to selling the product. This requires proof that the defendants were not reasonably careful in creating, manufacturing, designing, and/or distributing the product which caused the child injury.
How A Child Injury Lawyer Can Help
Products liability cases, specifically with regard to defective toys, can be complex. Parents and guardians of minors who sustain injuries due to an accident with a defective toy or child product require the comprehensive counsel and legal expertise of a child injury attorney to ensure the rights of their children are protected and to file claims for compensation and other types of damages. Our experienced attorneys can file a child injury lawsuit on behalf of you and your child and manage each aspect of your case. This can help serve as protection for both you and your child following an accident and reduce the degree of stress associated with the resulting child injuries. If your child has been injured due to a defective toy, contact our law firm today.