Above all else, parents want their children to be safe. But even doing extensive research into products and manufacturers isn’t enough to ensure that there won’t be defects. Children’s products are held to higher safety standards, but injuries still happen every year. While a serious injury to a child is every parents’ worst nightmare, it helps to know that if that time ever comes, you’re not alone.
If your child has been injured by a defective product or toy, the product liability attorneys at The Galione Law Firm, P.A. can use their expertise and investigative power to help establish liability and claim compensation for your child’s injuries.
What Is Product Liability?
Product liability is when a manufacturer or seller is held liable for defects in a product that a consumer purchased, particularly when those defects pose a danger. There are no federal laws for product liability, so legality is handled on a state by state basis. While some products can pose an inherent risk, such as trampolines, all products should adhere to basic safety standards. This is even more true when it comes to products intended for use by or for children. If the manufacturer discovers a defect, they will often issue a product recall. Still, that information may not be available in time to protect consumers from injuries.
Defects In Children’s Products
To establish a product liability lawsuit, parents and their lawyers must prove that the product responsible for the injury was defective and that the injury was a result of this defect. There are three types of defects to look out for:
- Design Defects: This kind of defect is not due to a flaw in the creation of the product but rather in its design, such as drop-side cribs, which result in several injuries every year. If a product is being used as intended, but still causes injury from tipping, falling, pinching, breaking, or other means, the design may be to blame.
- Manufacturing Defects: The most common type of defect, manufacturing defects occur when the product is being assembled. When quality control is lacking, products may be sold that do not adhere to the original design’s safety. An example of this would be if a foreign object got into the glue of a baby crib, limiting the adhesive quality.
- Labeling or Warning Defects: When a product has specific danger, such as a baby swing being unable to safely support a child over a certain weight, this information should be disclosed by the manufacturer to the consumer. Products should also include clear instructions and safety labels to ensure that the product is used as intended.
Types Of Product Defect Injuries
Defects can affect a wide range of products for children, including toys, furniture, and playground and safety equipment. Defects in these everyday items can cause a wide range of injuries, including:
- Cuts and bruises
- Broken bones
- Head injuries
- Electric shock
- Eye injuries
- Hearing damage
- Puncture wounds
- And more
Who Is Responsible For Defective Products?
Products can go through a long line of production before reaching a consumer. This can be especially true of online products. While it’s easier to track down the sources of brick and mortar stores, online retailers may operate outside of the country and may provide false information about their manufacturers. They may also use false claims of safety or celebrity endorsement, sell items that are knock-offs and do not adhere to the original design, or have lax quality control. To determine who is liable, the chain of production and distribution needs to be examined. This can include:
- The product manufacturer
- The manufacturer of the product’s parts
- The company that assembles the product
- The wholesaler
- The retail store
Items purchased through someone who wasn’t selling them as part of a business, such as a garage sale, will most likely not be held liable for any product defects.
How A Product Liability Attorney Can Help
Determining liability can be an involved and complex task, especially if it includes international markets. Having an experienced product liability lawyer who is experienced with the various legalities and procedures can help make the process easier for you. Hundreds of products are recalled every year, and there are even more that are just disasters waiting to happen.
If your child has been injured in any way as a direct result of a product defect, contact our product liability law firm — we’re here to help!