Collecting Compensation for Injuries Caused by Defective Toys
While most people recognize the dangers posed by children swimming unattended or playing in a busy street, few are aware that defective children’s toys can be just as dangerous. When consumers purchase toys, they should be able to have confidence that the product was designed and assembled carefully and with the appropriate materials. Unfortunately, manufacturers and distributors do not always live up to these expectations, producing dangerous toys that cause serious injuries, so if your child was injured by a defective toy, it is critical to contact an experienced products liability attorney who can help you seek compensation for your child’s medical expenses.
Types of Dangerous Toys
Even toys that seem relatively harmless can cause serious injuries if they are designed negligently. For instance, designing a toy with sharp and uneven edges can easily cause severe lacerations and eye injuries. Toys manufactured with toxic batteries are also extremely dangerous, as are toys that are made of small parts, because if swallowed, they could become lodged in a child’s throat or lead to poisoning.
Toy-Related Injuries
Defective toys cause thousands of injuries every year, including:
- Burns;
- Fractures;
- Dislocations
- Strangulation;
- Suffocation; and
- Punctures.
The types of injuries sustained by children depend largely on their age. For example, children who are under five years old tend to suffer injuries related to ingestion and aspiration, while older children are more likely to suffer fractures and dislocations. Treating these types of injuries can quickly drive a family into debt, which makes it especially important for those whose children were injured by defective toys to seek compensation for their losses.
Liable Parties
Parents of children who were injured by a defective toy can file a products liability suit on their child’s behalf. Most claims involve one of the three following arguments:
- The toy had a manufacturing defect, which means that the original design was appropriate, but the assembly process did not conform to the plan;
- The toy’s original design was unreasonably dangerous; or
- The manufacturer failed to warn the user of a dangerous condition.
Injured parties who can prove that a manufacturer was negligent may be able to collect compensation to cover the cost of medical expenses, lost wages, and pain and suffering.
Safety Measures
Although some toy-related injuries cannot be avoided because the design was defective or the manufacturer used dangerous materials, parents can take certain steps to help prevent injuries, including:
- Reading all warnings and instructions on the toy’s package;
- Purchasing toys with an American Society for Testing and Materials (ASTM) label, which means that it satisfies national safety standards;
- Buying toys that are age-appropriate;
- Supervising children while they play; and
- Conducting a small parts test to help determine whether a toy is dangerously small for a young child.
Taking these precautionary measures doesn’t guarantee that a child will remain injury free. However, it does significantly reduce their chances of sustaining toy-related injuries.
Call Our Legal Team Today
If your child was injured by a defective toy, call 954-566-9919 today to speak with an experienced attorney at Boone & Davis who can evaluate your case. Our Fort Lauderdale legal team is eager to assist you today.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html
