Children enjoy and use many toys and products every year in the United States. Even though many companies see huge profits when children’s parents buy certain children’s toys and products, this does not always mean that what we buy is totally safe. The Children’s Safety Network reported that, between the years 2015 and 2018, children under 18 sustained over 1 million toy-related injuries and hospitalizations.
If your child has been seriously injured due to a toy or another children’s product that caused them harm, you may be feeling alone and confused. At Maison Law, our attorneys are dedicated to helping you move forward with a personal injury claim on behalf of your child. Contact us to find out what options are available for you in your family’s time of need.
Types of Product Defects in Children’s Toys and Products
There are many types of defects that are discovered in children’s toys and products every year. These include some of the following:
- Design-related defects
- Manufacturing defects
- Incomplete instructions
- Missing product warnings, such as choking hazards
When defects are found in toys and other related children’s products, they are sometimes recalled. These recalls appear each year due to choking hazards, toys posing a fire risk, lead paint standards not being followed, or sharp edges on products that can lead to cuts. A toy must be recalled as soon as possible if it poses a hazard before it can cause severe harm to other children.
Bringing a Product Liability Lawsuit After a Child Has Been Injured
What is a product liability lawsuit? These lawsuits arise when somebody is injured or even killed due to an unsafe product. There are some parties who can be held liable for their role in a defective or dangerous product:
- Designers of a product
- Manufacturers of a product
- Those who marker the dangerous product
Toy companies are supposed to ensure that a toy is made to the best safety standards, as well as include all instructions on the product. If there are any potential dangers, they are supposed to be outlined so that accidents can be prevented. If a child has been injured and any of these parties are found liable, a parent is eligible to bring a product liability lawsuit on their behalf.
Actions to Take if Your Child Has Been Injured Due to a Product
If your child has been injured due to a dangerous toy or product, it can be a stressful time in your life as you question where you can turn. There are some actions that you should always take immediately after your child has been injured:
Seek Medical Attention: Your child should always be treated by a hospital or physician right away after an accident that led to injuries. You should never delay seeking this treatment for their well-being and also to protect them in a claim in the future.
Document Injuries: Documentation is incredibly important when it comes to your child’s future product liability claim. This means documenting images and videos of their injuries, as well as keeping all medical records related to them.
Keep Toy in Same Condition: In an injury claim caused by a defective product, you should always hold onto the product or toy that caused the injuries. It is also important to keep a record of when you purchased the item and where it was purchased.
Speak with an Attorney: The last step to take after ensuring your child’s safety and documenting everything possible is speaking with a lawyer who has handled these types of claims in the past.
Damages in a Product Liability Claim Involving a Child
You may receive a settlement offer or go to trial on behalf of your child when they have been injured due to a defective product or toy. In doing so, you may find that you are eligible for various types of damages, such as the following:
- Medical expenses a child has incurred and those they expect to incur
- Loss of income if the child was old enough to work
- Loss of future income if a child is never able to work
- Emotional distress caused by the injury
- Wrongful death if the child lost their life due to a defective product
If a child sustains life-altering injuries that lead to long-term consequences, they are more likely to receive a higher amount in damages. It is important that you speak with a lawyer who has handled these claims in the past so that you can maximize your damages as much as possible.
Contact a California Personal Injury Lawyer Today
It is always unfortunate to find out that a child has been injured in a California accident, no matter the circumstances. Companies and manufacturers, as well as any other related parties, should always be held liable for the harm that they cause a child when they have been injured by a defective product.
Our California child injury lawyers at Maison Law have diligently assisted many parents and guardians of injured children over the years. We understand how overwhelmed you may be feeling and want to provide you with the resources that you need to be successful in your claim. Please do not hesitate to contact us today for the help you deserve and a no-obligation consultation.
