What to Do If Your Child Was Injured by a Dangerous Toy
As some of the most vulnerable members of society, children need and deserve our protection. Sometimes, ensuring their safety means taking legal action against a toy manufacturer or retailer that sold a dangerous product. Schedule a free consultation with a product liability lawyer to learn more.
Injuries happen all the time, especially to children. As they grow and explore more of the world, they’re bound to get some bumps and bruises along the way. And while a skinned knee is an ordinary part of life, suffering a serious toy injury is not.
We like to think that every toy on the shelf has been properly tested for safety and is in no way defective, but that’s not the reality. Defective products, including children’s toys, are bought and sold every year in the U.S., harming countless individuals. Although taking legal action won’t undo the harm already done, it can hold the at-fault party accountable and compensate the injury victims.
If your child was injured by a dangerous or defective toy, you may be eligible to pursue compensation through a product liability lawsuit. However, it’s important to understand that navigating these cases can be difficult, especially without legal assistance. Luckily, you don’t have to do it alone.
The experienced Costa Mesa personal injury attorney team at Case Barnett Law is here to help explore your legal options. After a free case evaluation, we’ll investigate your case and help you find the best path forward. In the meantime, continue reading to learn what to do when your child is injured by a dangerous toy.
Are you drowning in medical debt after your child was injured by negligence? You may be eligible to seek compensation through an injury lawsuit. Call our law office at (949) 409-0055 to speak with a product liability lawyer about pursuing legal action against the at-fault party.
Seek Immediate Medical Attention for Your Child
Whenever an accident happens—whether it involves a child or an adult—the priority should always be seeking medical attention. Before investigating what precipitated your child’s accident or searching for toy defects, it’s essential to ensure swift medical treatment. Remember to keep all the documents you receive from your health care provider, as they’ll be important evidence if you pursue legal action.
Depending on the nature of the accident and your child’s injuries, recovery may be a long process. Even after their physical injuries have started to heal, your child may still carry emotional and psychological trauma that requires counseling. Make sure to attend to these injuries with as much diligence as you would their physical ones. Any extra expenses you incur may be added to the damages you seek in a legal claim.
Preserve the Toy and Gather Evidence
After you’ve addressed your child’s medical needs, you need to get to the bottom of what caused their injuries. Remember that not all toy-related accidents are due to a defective or dangerous product; many are caused by improper use.
Even if you’re not positive that a defective or dangerous toy caused your child’s injuries, you should still try to preserve the toy exactly as it is without altering or discarding parts. This toy will be the primary evidence in any legal action you pursue. If possible, also preserve the packaging, instructions, and receipt.
Types of Evidence to Collect in a Product Liability Case
If you file a product liability claim, you must support it with sufficient evidence. As a rule of thumb, you should document and gather anything related to the accident, where and when it occurred, and how it caused the injury. Evidence may include the following:
- Detailed notes. Small details can end up making a big difference when a case is being picked apart. You should write or record detailed notes that include the date, time, and location of the incident, the events leading up to and following it, your child’s account of the event, the environment in which the accident took place, and anything else you can think of that may prove relevant.
- Digital media. Make sure to take pictures and videos of the accident scene exactly as it was when the injury occurred, without altering anything. Taking photos and videos of the toy, your child’s injuries, and anything else that may pertain to the case is also a good idea.
- Witness accounts. Record their accounts of the event if other people were present during the accident. Collaborating testimony can be a powerful tool in proving your case.
- Documentation. It’s important to save every piece of documentation that could prove useful, from proof of purchase to medical bills to proof of missed school. Any paperwork related to the incident is important.
Additionally, you may want to research other incidents of child injuries resulting from that particular type of toy. If the same product has injured other children, it may be easier to prove that your child’s injuries resulted from a defective product rather than user error.
Report the Incident and Find a Lawyer
If you suspect a defective or dangerous toy caused your child’s injuries, it’s important to report the incident to the Consumer Product Safety Commission (CPSC). Doing so may help prevent other children from suffering similar injuries and will demonstrate to the court that you earnestly believe the incident was caused by product liability.
However, you should not communicate with the toy’s manufacturers or insurers before seeking legal advice. In doing so, you risk them using your statements against you in legal proceedings. Instead, you should consult a personal injury lawyer as soon as possible to investigate your case and determine your eligibility for a product liability lawsuit.
