According to the U.S. Consumer Product Safety Commission (CPSC), in 2018, there were well over 200,000 toy-related injuries in the United States, 17 resulting in fatalities. The horrors implicit in that statistic are hard to comprehend. Imagine being the parent of a child who has suffered a severe, even life-altering, injury from playing with a gift that was supposed to provide enjoyment. Imagine being the parent of a child who died while playing with a toy joyously received. Maybe you don’t have to imagine such a catastrophe. Maybe you have lived through one.
Obviously, nothing can undo the ongoing pain or death of a child, but parents do have legal recourse. Manufacturers and distributors of playthings have a duty of care to the public and can be sued for product liability if they introduce a dangerous product into the marketplace that causes serious harm. Families deserve not only financial compensation for their child’s medical costs and pain and suffering, but the opportunity to protect other children from falling victim to similar negligence.
At Compass Law Group, PC, we are deeply committed to holding those responsible for causing children harm accountable. We have a solid record of successful outcomes.
Toys can cause harm to children in any number of ways: cuts, bruises, burns, choking, broken bones. Almost half of the children who suffer in accidents involving toys are injured on the face or head.
While the vast majority of toy-related injuries can be treated on the spot and do not require hospitalization or surgery, some unfortunate few children’s toy-related injuries result in disability, disfigurement, or death. In cases in which a toy can be proven defective, a sharp product liability attorney can help plaintiffs recover significant damages. Among the most common dangers to children are:
The first thing to remember if you want to sue the company that manufactured a defective toy that hurt your child is that you require the services of a competent product liability attorney.The laws surrounding product liability are too complicated, and the possible defenses the opposing side may use are too plentiful, to confront the matter without excellent legal representation.
In order to prove product liability, you must prove four things:
Even though in most personal injury lawsuits the defendant must have shown negligence, recklessness or intent to harm, if a product is more dangerous than it should be, or contains inadequate warnings regarding its use, the defendant is strictly liable for any resulting injuries as long as the product was used in a reasonably foreseeable way.
There are three reasons a product may be considered defective:
In other words, either the toy was designed with an intrinsic, dangerous defect, was manufactured failing to meet design standards, or lacked a necessary warning label to prevent users from being injured.
If your child has been seriously harmed by a toy, it’s time to take legal action to receive the compensation you need and deserve for medical costs and related expenses and for pain and suffering. Find out whether you have a viable case by contacting a reliable product liability attorney as soon as possible.
No matter who the opposing party is, they can’t outwork, outwit or outspend Compass Law Group, PC. We will do everything that is necessary to win the case, and we’re here to help victims fight back against those who injured them.
Hiring the right personal injury attorney can often make the difference between getting the maximum settlement to account for your medical care, damages and lost wages or getting short changed or even having your case dismissed completely.
Have you been injured in an accident due to the negligence of others? Contact the Los Angeles personal injury attorneys at the Compass Law Group, PC because finding direction after an accident means having a great Compass on hand.