People often pick up toys for their kids with the intention of a fun and safe pastime. Although, not every toy on a store shelf is safe and free of causing harm. In 2020, American hospitals treated over 100,000 toy-related injuries in United States hospitals amongst different age groups. At times, defective and dangerous toys end up on shelves for consumers. Despite the high production rates and demands, manufacturers, toy companies, and store owners must abide by a duty of care to avoid putting consumers in dangerous situations.
If a defective toy injures your child, it’s essential to understand the steps to take and your rights to pursue a claim against liable parties. At Baker Legal Team, our board-certified product liability attorney has helped many clients within South Florida file a claim and recover rightful compensation for themselves or on behalf of their injured child.
What Defines a Defective Toy?
Kids of all ages play with toys regularly, and children’s toys make great gifts year-round. Additionally, toys and other methods of entertainment are typically produced and manufactured in large quantities because of high demands and increased profits for many companies. A defective toy can fall under three types of liability definitions in a product liability lawsuit.
Three types of product liability cases:
- Manufacturing Defect: A properly designed item leaves the manufacturer in a state other than initially intended.
- Defective Design: The product is defectively designed and fails to perform as safely as intended with proper use.
- Failure to Warn: The manufacturer fails to warn consumers regarding hazards and possible dangers of using the item, such as in the case of a choking hazard.
Depending on the nature of the toy’s defect, you may pursue a case based on the defective nature despite using it as intended. If your child has been injured due to a defective toy they used, it’s essential to know and understand what to do in proving the defect. Companies and manufacturers typically have legal teams and liability insurance on their side to fight liability cases. With a dedicated attorney, you may be able to put your best foot forward and file a claim to recover the compensation your family deserves for the unfortunate injuries your child sustained.
How to Prove a Defective Toy Caused Your Child’s Injuries
Sometimes the appearance of children’s toys can prove to be deceptive. A skilled attorney can help you file a claim and prove the responsible party’s liability due to a manufacturing fault or faulty design.
When filing a product liability claim, here are some ways you can prove a defective toy caused your child’s injuries:
Gather Medical Records Related to the Extent of Injury Caused by the Defective Toy
Medical records and professional medical consultations regarding the injuries can help your claim or lawsuit. As a parent, you have a right to request your child’s medical records and file a claim on their behalf. When gathering proof, medical records and doctor’s notes can add irrefutable and solid evidence against the liable parties.
Present Photographs and Videos Regarding the Defective Toy Accident
If your child is recovering from injuries following a defective toy accident, you may not want to think about reviewing the photographs or videos that best display the traumatic event. However, images and video recordings of the accident can add solid evidence to your child’s case. Regardless of where the defective toy caused harm, a skilled attorney may be able to help research and recover evidence.
Request the Accident Report if Emergency Services Responded to the Scene
In severe events and injury cases, it’s not uncommon for parents to call emergency services. If emergency personnel took your child to the hospital or their state required life-saving interventions after unknowingly using a defective toy, an accident report is an important element of proof. Generally, police officers or first responders have documentation for calls they handle. A first-hand account of the event can add irrefutable evidence to your child’s injury claim.
Research Evidence of Product Recalls and Other Lawsuits for the Defective Toy
When defective toys are released to stores, multiple items or batches may be affected by the manufacturing or product design. At times, product liability cases are not isolated events. If a manufacturer is informed of multiple reports regarding their product, they typically respond with an issued warning and product recall. If your child has been injured by a recalled or known toy defect, consulting with an attorney can help you take steps to hold the company accountable.
Collect Testimonies of Any Witnesses in the Defective Toy Accident
Children’s toys are popular for birthdays, holidays, and other events. Defective toy accidents may occur with many witnesses, such as family members or friends. Collecting their testimony or police report statement can help a product liability case regardless of who may have witnessed the incident. Additionally, suppose the accident was an isolated event, where you were alone with your child while they were playing with the toy. In that case, your statement is also valuable information for the claim.
Partner With a Florida Product Liability Lawyer to Best Navigate Your Claim
Product liability cases come in all shapes and sizes. There is no one size fits all solution to these cases and the unfortunate effects that injured individuals suffer after encountering a defective product. Partnering with a product liability lawyer in South Florida may help you best investigate, research, find proof, and navigate a claim. We understand many parents’ hardships when their child is injured from a defective toy. Entrust our skilled attorney with your case, and we may help you reach a successful resolution.
Our Skilled Attorney at Baker Legal Team May Help You File a Claim for Your Child’s Toy-Related Injury
Toy-related injuries take time to resolve and recover. Regardless of your child’s age and the apparent injuries they have sustained, we understand the extent of damages you may be dealing with. In a product liability case, presenting proof and proving the validity of a claim can be challenging, especially in complex cases.
With an experienced and board-certified attorney from Baker Legal Team, we may help you gather legal resources and provide skilled representation in a claim or lawsuit. Whether your child’s case goes to trial or is resolved without skilled settlement negotiation, our attorney, Robert Baker, is here to help every step of the way. Contact our legal team by completing a contact form or call (561) 320-0000 to schedule a free case review.