When children are injured due to a defective toy or other product, parents have the opportunity to explore whether the manufacturer is at fault. At Kherkher Garcia, LLP, our personal injury lawyers help families explore whether their child’s injuries are the result of negligence. If so, we do everything possible to hold those responsible accountable for their actions.
Below, let’s take a look at the types of children’s products that cause injuries, the types of injuries, and what parents can do when an injury occurs.
Examples of Defective Children’s Products Causing Injury or Death
Defective children’s products can pose serious safety hazards to children and can cause injury or death. Here are some examples of defective children’s products that have caused injury or death:
These cribs were popular in the past but have been recalled due to the risk of suffocation and strangulation. The side rails can detach, causing the infant to become trapped between the mattress and the rail.
Magnet toys that were marketed as desk toys or stress relievers have caused serious injuries when children swallow the small, powerful magnets. If two or more magnets are ingested, they can attract each other through the intestines and cause internal damage.
Defective Car Seats
Car seats that fail to protect children in crashes or have defective buckles that can easily come undone are a serious safety hazard. These can result in injuries or fatalities in the event of an accident. There have been numerous car seat recalls in recent years.
Defective Toys with Lead Paint
Lead-based paint can cause serious health problems, particularly in young children. Toys that are painted with lead-based paint can be toxic if the child ingests or inhales the paint chips.
Strollers with defective brakes or restraint systems can cause accidents that result in injury or death to infants and young children.
Rocker/sleeper units have been subject to massive recalls in recent years due to the risk of suffocation and asphyxia. These units are designed for playtime and relaxing while the infant is awake. However, many parents have allowed their infants to fall asleep in the products. There are more than 100 reports of fatalities associated with defective sleepers.
Most Common Injuries Involving Children’s Toys
There are a variety of injuries that can result from defective toys. The range and severity of the injuries varies by age and the type of toy. Some of the most common injuries due to defective children’s toys include:
- Choking: Small parts or pieces of a toy can become lodged in a child’s throat, causing them to choke. This is particularly a concern for infants and young children who tend to put things in their mouths.
- Strangulation: Toys with long cords or strings can pose a strangulation hazard if they become wrapped around a child’s neck.
- Burns: Toys that use batteries or have electrical components can overheat and cause burns if they are defective or used improperly. There are also flammability guidelines for children’s products that manufacturers must adhere to.
- Cuts and Lacerations: Toys with sharp edges or broken pieces can cut a child’s skin or cause other injuries.
- Fractures and Broken Bones: Toys that require physical activity, such as bicycles or skateboards, can lead to fractures or broken bones if a child falls or crashes. Products like strollers and high chairs can also cause fractures or broken bones if they collapse or the child falls.
- Eye Injuries: Toys that shoot projectiles or have sharp points can cause serious eye injuries if they are defective or used improperly.
It’s important for parents and caregivers to carefully read the warnings and instructions on children’s toys, supervise playtime, and regularly check for any signs of wear or damage to the toy.
What to do if Your Child Injured by a Defective Toy
If your child has been injured by a defective toy, it is important to take immediate action to ensure their safety and well-being. Here are the steps you should take:
- Seek Medical Attention: Your child’s health and safety should be your top priority. If your child is injured, seek medical attention immediately. Even if the injury seems minor, it is important to have a medical professional examine your child and record the incident. Take the toy with you, if possible, for the doctor to examine.
- Keep the Toy: Keep the defective toy and any packaging, instructions, or warnings that came with it. These can be important pieces of evidence in any legal action you may take.
- Document the Injury: Take pictures of your child’s injury and any damage to the toy. Keep notes about what happened, when it happened, and any other relevant details. This should be in addition to any medical records your child has.
- Contact the Manufacturer: Contact the manufacturer of the toy and inform them of the injury. They may have a recall or exchange program in place.
- Consult with a Lawyer: It is important to consult with a lawyer who specializes in product liability cases. They can help you navigate the legal process and ensure your rights are protected.
- File a Complaint: You may also consider filing a complaint with the Consumer Product Safety Commission (CPSC). The CPSC is a government agency responsible for ensuring the safety of consumer products in the United States.
Remember, taking action quickly can help ensure your child’s safety and increase the likelihood of a successful legal case.
Defective Toys and Product Liability Claims
When consumers are injured by a defective or dangerous product, they may be eligible to file a product liability lawsuit, or claim. In cases involving defective children’s products, there are three types of claims:
- Manufacturing Defect: The product was manufactured in a way other than what was intended. For example, an error occurred during manufacturing that resulted in incorrect assembly, loose parts, broken pieces, etc.
- Design Defect: The product design itself is dangerous and unsuitable for children. For example, toys designed for infants with small parts that detach, causing a choking hazard. In these cases, the error is in the design, not manufacturing.
- Failure to Warn: Product manufacturers have a duty to warn consumers of any dangers related to their products. For example, a toy with small detachable parts should have a warning on the packaging indicating the risk.
If your child’s injuries or death were the result of any of the above, you may be eligible to recover compensation for their injuries and the losses your family has suffered.
Contacting a Defective Product Lawyer
If you or your child has been injured by a defective product, it’s a good idea to consult with a lawyer who specializes in product liability cases. A defective product lawyer can help you understand your legal rights and options, and can advise you on the best course of action to take.
Here are some reasons why you might need a defective product lawyer:
- Expertise: Defective product lawyers have experience and knowledge in handling product liability cases. They can assess the strength of your case, gather evidence, and negotiate with insurance companies or manufacturers on your behalf.
- Resources: Defective product cases can be complex and require significant resources to investigate and litigate. A lawyer who specializes in this area will have access to the resources needed to build a strong case, such as expert witnesses and investigative tools.
- Legal Protection: If you pursue legal action against a manufacturer or retailer, they will likely have their own legal team to defend themselves. Having a defective product lawyer on your side can help ensure that your legal rights are protected and that you have a strong advocate fighting for your interests.
- Compensation: A defective product lawyer can help you pursue compensation for the injuries your child has suffered. Compensation may include medical expenses, lost wages while caring for the child, pain and suffering, and other damages.
Overall, if you or your child has been injured by a defective product, it’s important to seek legal advice from a qualified defective product lawyer. They can help you navigate the complex legal process and ensure that you receive the compensation you deserve.
Contact a Defective Product Lawyer Who Cares
An injury to your child is traumatic for them and your entire family. At Kherkher Garcia, we understand how difficult this time is for your family, and we want to help. Our personal injury lawyers have decades of experience helping injured victims and their families get justice and compensation. No one should suffer at the hands of negligent manufacturers. Let us help you explore your rights and options and get the compensation you deserve.
For a free consultation, call us at 713-333-1030, or complete the form on our website.