Broken Toys, Broken Trust: Dealing With Defective Children’s Products

Toys bring hours of enjoyment for children, which makes it all the more shocking if your child is injured by dangerous toys or dangerous playground equipment. If your child has been harmed in this way, your family has options for recovering compensation that can help you pay medical bills and deal with other expenses related to this situation.

Common Types Of Defective Toys And Equipment

Product defect case law recognizes three main types of defects that can occur with a toy or a piece of play equipment: defects of design, defects of manufacture and defects of warning. There are many ways in which toys can be dangerous to children:

  • Parts can break off, causing a choking hazard.
  • The toy can be made of flammable materials, which could lead to a fire.
  • Sharp or ragged edges can cause cuts.
  • Safety buckles or latches may not fully engage, leading to falls or other injuries.
  • The toy may not hold the child's weight, leading to falls or other injuries.

Keys To Filing A Successful Defective Product Lawsuit

The success of your child injury product defect lawsuit will depend on how you and your attorney construct your case. Here are several important factors to keep in mind:

  • The statute of limitations in Florida for filing a product liability lawsuit is four years from the date of the injury.
  • Before filing your suit, your lawyer can help you draft a demand letter to send to the manufacturer. Some companies opt to settle at this stage, before a lawsuit.
  • Possible defendants in your lawsuit may include the toy's manufacturer, the designer of the toy, or the retailer who sold you the toy.
  • If the toy that injured your child was part of a publicized recall, this can impact the liability of the toy's manufacturer.