Defective Children's and Baby Toys Can Lead to Significant Injuries

 Posted on December 19, 2018 in Product Liability

The holiday season is upon us and everywhere parents, grandparents, and friends are buying children’s toys. You may have heard about children and baby products being recalled over safety concerns in the past. While the vast majority of children’s toys and other products are safe, many children are injured and even killed by defective toys, furniture, and other items. If your child was injured due to a malfunctioning or defective toy, you may be eligible for compensation.

Toy-Related Injuries Can Cause Lasting Damage

The Consumer Product and Safety Commission (CPSC) received thirteen reports of toy-related deaths during 2017. The victims were all under 12 years of age. Over half of the fatal incidents involved riding toys like scooters and ride-on cars. Emergency room physicians treated an estimated 251,700 children for injuries caused by toys in 2017. Some of the most common toy-related injuries include bruising and abrasions, burns, lacerations, bone fractures, puncture wounds, suffocation, and strangulation.

Assigning Blame in an Injury Case

Toy injury claims are like other personal injury claims in that they are based on the legal concept of product liability. Parents who wish to seek compensation after their child was injured by a toy must prove that:

• The product was flawed, malfunctioning, or defective in some way;
• The product manufacturer, distributer, designer or other entity was negligent, and this negligence caused the product to be defective;
• The injury was a direct result of this negligence; and
• The injury resulted in compensable damages.

Damages often include medical costs such as emergency room visits or surgery, lost wages, and the pain and suffering your child endured. It is important to note that not every toy-related injury is caused by negligence. If no injury-causing defect or flaw can be found in the product, the injury claim may be unsuccessful. Parents of children who were injured by a toy due to lack or supervision or other preventable causes may not have a valid personal injury claim. Discussing your case with a qualified personal injury attorney is often the first step for those seeking compensation via a product liability claim.

Speak With a Winnebago County Product Liability Lawyer

If your child has been injured due to a defectively-designed toy or other product, you may be entitled to compensation. Contact a skilled Rockford personal injury attorney to learn more about your options moving forward. Call 815-215-7561 to schedule your free initial consultation at Mannarino & Brasfield, A Division of Schwartz Jambois, today.

Sources:

https://cpsc.gov/s3fs-public/Toy_Report_2018.pdf?qIO1DVoYhV6lzYgcLa04K28yF28BOgdS

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+II+Pt%2E+21&ActID=2017&ChapterID=0&SeqStart=20700000&SeqEnd=21800000