Children’s toys are a profitable market today, but even though there are many regulations for children’s toys, they are not always safe. Every year, thousands of children in America suffer injuries because of defective products. According to the Children’s Safety Network, over 1 million toy-related injuries were treated in emergency departments between 2015 and 2018 for children and adolescents ages 0-19 in the US. Victims of personal injury resulting from product liability may be entitled to damages such as medical expenses, pain and suffering, and economic losses on behalf of the parent.
In the unfortunate event that your child was fatally injured due to a defective toy, you may be entitled to wrongful death damages. If a defective toy injures your child, you will need to take action to protect your rights and the legal interests of your child. Our personal injury lawyer at Baker Legal Team can help you seek legal compensation.
Can I File an Injury Claim for My Child?
Under Florida law, parents can file product liability claims on behalf of their child if they have suffered injuries due to a defective or unsafe product, like in the case of a toy. As the parent, you must be listed as the primary claimant and file for damages. This means that you can recover damages for past, present, and future medical expenses, pain and suffering, emotional distress, lost wages, or other losses sustained because of your child’s injury.
Toy injuries are prevalent for children in the United States. When you find yourself in a situation where a child is in your care and injured while using a defective toy, you can file a personal injury claim on behalf of the child. Calling an experienced and board-certified personal injury attorney at Baker Legal Team who has successfully resolved cases involving children’s accidents will help you through the process.
Actions to Take When Your Child Injured by a Defective Toy
When your child is injured while using a toy you purchased for them to enjoy, it is frightening and stressful. Fortunately, there are actions you can take to help your child and seek compensation from the liable and negligent manufacturers. If a defective toy injures your child, take the following actions.
Seek Medical Attention for Your Child’s Injuries
Don’t delay your child’s treatment for their injuries. Immediately seek medical attention for treatment and keep all the documentation with diagnoses to add to your injury claim.
Contact an Experienced Personal Injury Lawyer
We will review your case and help you gather the information needed to file a claim. If your case escalates to a product liability lawsuit, our team will provide legal representation.
Document Your Injuries with Images, Video, and Hospital Records
You need to gather images, video, and documentation to add to the claim. Once your child has been treated for their injuries, your case will benefit from documentation throughout the journey.
File a Product Liability Claim on Behalf of Your Child
An important part of seeking compensation for a defective toy injury is to file a claim. You can do so on behalf of your child, and our legal team can help you gather your documentation.
Keep the Defective Toy in the Same Condition If Possible
Although it’s common for parents to get rid of a toy that caused injury to their child, in an injury case, you’ll want to safeguard it for proof. No matter what kind of toy it is, do not return it to the store, but rather place it in a plastic bag or place it somewhere out of reach and keep a record of the date and location of purchase.
What Is a Product Liability Lawsuit?
A product liability lawsuit is a civil lawsuit that arises when someone is injured or killed by a product. The injured person can sue the manufacturer, distributor, or seller of the product. In a typical toy-related liability lawsuit, the plaintiff will argue that the toy was defective and that this defect caused the child to suffer an injury. When your child is involved in a toy-related injury and the toy is proven faulty, you will be able to take legal action against the manufacturer and responsible parties that prove to be negligent. Here are the types of toy-related liability claims:
- Toy manufacturer’s defect
- Defective design
- Failure to warn
These three different types of toy-related liability claims are essential to know when a child is injured from a defective toy. No matter the case, our legal team will provide you with the proper representation for compensation and getting the issue resolved. We understand that injuries from defects are traumatizing and disheartening for parents and their children to endure. Our legal team is available to help you resolve your case against a faulty toy.
Take Legal Action in South Florida with Baker Legal Team
Our attorney at Baker Legal Team in South Florida will advise you of your legal rights. You may choose to file a claim on behalf of your child against the responsible party so that you can obtain compensation for past and future medical expenses, pain and suffering, loss of earnings, or even permanent disability and disfigurement.
No matter how small or large your claim may seem, our legal team will help you get your case settled. If you seek more information about what to do when a defective toy injures your child, give us a call at (561) 320-0000 or contact us using our online contact form to get started on your case.