Amazon and other online marketplaces make it easy to find a child’s toy, order it, and have it in your child’s hands in a few days. These marketplaces make shopping for toys easy and efficient, and you don’t have to drive to multiple stores to find what you want. But as you shop, you may not consider what happens if your child is injured by the toy you buy. Who’s responsible for the medical bills and time you may have to take off work to care for your injured child?
The product liability attorneys at Case Barnett Law know that every year, consumers buy toys online that lead to child injuries. Because these defective products weren’t bought in a brick-and-mortar store, consumers are often confused about who’s to blame for the injury and what to do about it. Here, the product liability attorneys at Case Barnett Law discuss your legal rights and what to do when your child is injured by a toy you buy online.
Buying Toys Online
When a toy you purchased from Amazon malfunctions or breaks and causes serious injury to your child, you likely have questions about liability and who’s to blame for selling the defective product. When you buy a defective toy through an online marketplace such as Amazon, and that toy causes your child injury, you may not realize that you can pursue legal action and may obtain compensation for medical expenses, rehabilitation costs, and your child’s pain and suffering. But it's not easy to do.
Amazon’s Business Model: How it Tries to Protect Them From Liability
Amazon's marketplace operates differently than traditional retailers, creating unique challenges for consumers seeking compensation after injuries from defective products. By using a third-party seller model, Amazon is shielded from direct liability in many cases. Unlike a traditional store that purchases and resells products, Amazon often serves as a platform that connects buyers with independent sellers. This structure allows Amazon to argue they're merely facilitating transactions rather than selling products themselves.
Additionally, international supply chains make tracking responsible parties more challenging. Many toys sold on Amazon come from overseas manufacturers who may be impossible to locate or beyond the reach of U.S. courts. When the manufacturer cannot be identified or reached, injured consumers may have limited options for pursuing compensation.
U.S. Courts have reached different conclusions about Amazon's liability for defective products sold through its platform. Some recent rulings have held Amazon accountable under certain circumstances, while others have allowed the company to avoid responsibility.
Types of Product Liability Claims for Toy Injuries
Understanding the legal foundation for your case helps determine the appropriate approach. Here are some possible arguments for your product liability claim:
- Design defects. These exist before manufacturing begins. When a toy's fundamental design makes it unreasonably dangerous despite proper manufacturing, a design defect claim may be appropriate. For example, a toy designer might pick materials that change texture or composition when they become wet or exposed to hot temperatures.
- Manufacturing defects. These occur during production. Even well-designed toys can become dangerous if errors occur during assembly or production. Manufacturing defects might include using the wrong materials, improperly securing components, or contaminating products with harmful substances during the production process.
- Warning defects. These involve inadequate safety information. Proper warnings about age appropriateness, potential hazards, or necessary supervision can prevent many injuries. When manufacturers or sellers fail to provide adequate instructions or warnings about non-obvious risks, they may be liable for resulting injuries.
- Marketing defects. These mislead consumers about safety. Sometimes toys are marketed as appropriate for certain age groups despite presenting clear hazards for those children. Misrepresentations about a toy's safety features or compliance with standards can form the basis for liability claims.
How a Product Liability Attorney Can Help Your Case
Working with our product liability attorneys can provide several advantages when pursuing compensation, including the following:
We will collect evidence. Experienced product liability attorneys know what evidence matters most in defective toy cases. They can help secure the product for testing, obtain manufacturing specifications, identify similar incidents, and gather expert opinions about the specific defect that caused your child's injury.
We can help determine liability. Identifying all potentially responsible parties—including manufacturers, distributors, retailers, and testing laboratories—helps ensure your claim targets the appropriate defendants. A knowledgeable attorney can navigate the complex web of relationships in modern supply chains to hold all negligent parties accountable.
We can calculate damages. Children who suffer serious injuries may face ongoing medical needs, developmental challenges, or permanent disabilities. Product liability attorneys work with medical experts, economists, and life-care planners to project the full lifetime costs associated with your child's injury.
We provide negotiation leverage. Insurance companies and corporate defendants typically take claims more seriously when presented by experienced attorneys. Our lawyers are familiar with similar cases and understand the appropriate compensation levels to help counter lowball settlement offers and unreasonable delays.