Types of Product Liability: Child Injuries and Defective Toys

Aug 11, 2014 @ 09:00 AM — by Edward Deason

A concerned mother looking at her young child, perhaps after he was injured by a defective toyNothing delights a child quite like a new toy. And there are few things in life more tragic than when a toy that should have brought hours of innocent fun instead leads to a child being seriously injured or even killed. Although parents can seek to achieve some semblance of justice by filing a product liability claim against the party or parties responsible for the defective toy, nothing can excuse the negligence that resulted in the harm to the young victim.

At the Law Offices of Edward Deason in Torrance, child injuries and defective toys give rise to some of the saddest cases we handle. We invest all of our resources and skills into presenting the strongest cases possible on behalf of these helpless victims and their families, giving them a strong voice against the designers, manufacturers, and marketers of defective toys and other products intended to be used by children. If your child has been injured by a defective product, it would be our honor to help you, too.

What is the meaning of “product liability”?

As consumers, we enjoy certain protections. We have every right to believe that the products we purchase are free from defects that will render them unreasonably and unforeseeably dangerous when used as directed for their intended purposes. Any hazards associated with the use of the product should be made clear on the product’s packaging.

When a defective product reaches the marketplace and leads to an injury, the injured party has the right to file a product liability claim against any or all parties involved in the design, manufacture, or marketing of the product, depending on the imperfection that resulted in the injury.

Defective Toys and Other Children’s Products

Companies that produce and market toys and other products aimed at children must be particularly careful to make these products as safe for use as possible. Most companies will issue a voluntary recall of products that are shown to contain even the slightest flaw, as they don’t want to end up liable for hundreds or even thousands of injuries to children. Unfortunately, other products remain on the market until after such injuries become public.

Toys that are commonly recalled from the shelves of stores include those:

  • With small or detachable parts
  • That could cause burns through the production of heat
  • With cords that could wrap around a child’s neck and lead to strangulation
  • That contain lead paint, which continues to be the case with toys manufactured in certain parts of the world
  • That do not contain adequate warnings of potential dangers

Other children’s products that are often recalled due to potential hazards include:

  • Car seats
  • Cribs
  • Pajamas that are made of inflammable materials
  • High chairs
  • Tainted food products
  • “Safety” scissors
  • Protective helmets and other gear
  • Children’s medications

If your child has been harmed due to the use of any of the above-listed products, or any other product, you may be entitled to damages for your losses and expenses.

Arrange for Your Case Evaluation

To arrange for an evaluation of your product liability case involving a defective children’s product, please contact the Law Offices of Edward Deason today.

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