No one deserves to suffer because of someone else’s negligence, especially not children. As top child injury lawyers in Orange County, we specialize in helping injury victims of all ages find justice by securing the compensation they need to recover.
Children depend on adults to keep them safe and out of harm’s way. Unfortunately, that’s not always possible—even when caregivers are doing everything right. One commonly unforeseen hazard to kids of all ages is defective or dangerous toys.
In 2020 alone, dangerous toy injuries accounted for around 198,000 emergency room visits in the U.S., according to the Consumer Product Safety Commission (CPSC). Around 73% of these injuries were sustained by children 12 years old and younger, and 40% were sustained by children four years old and younger.
Many different factors can contribute to dangerous toy injuries, including operator error. However, some toys contain defects or hazards that are not readily apparent to parents and can cause serious illness or injury in children. In these cases, it’s important for their families to hold the at-fault party responsible.
If your child suffered serious injuries from a toy that was supposed to be safe, you may have grounds for a claim. The compassionate attorneys at Case Barnett Law can help you explore your eligibility for a defective product claim. Keep reading to learn what to do when your child is hurt by a dangerous toy.
Suffering a skinned knee or bruised elbow is just part of childhood. However, sustaining serious injuries as a result of a dangerous toy shouldn’t be. Visit us online to schedule a free consultation or give us a call at (949) 409-0055 to get started.
What Constitutes a Dangerous Toy?
Consumers use countless products each day, and sometimes those products result in injury. Not all of these injuries are caused by a design or manufacturing defect; many are the result of operator error or failure to use the product responsibly.
However, when a defective product is clearly the culprit of the accident, the injury victim may sue the manufacturer in a product liability lawsuit. To avoid these scenarios, companies must adhere to manufacturing guidelines outlined by the CPSC.
As children are generally unaware of when a product is defective, regulatory bodies hold toy manufacturers at a higher standard than almost any other industry. Toy companies are required to test and certify any products intended for use by children 13 years of age and younger to reduce the potential for dangerous chemical exposure and other hazards.
Dangerous Toy Injuries
When toy manufacturers fail to rigorously test their products before sending them to market, they risk injuring children. These are among the most common types of dangerous toy injuries:
- Lacerations and cuts
- Puncture wounds
- Strangulation or suffocation
- Brain damage
- Internal organ damage
Although oversight groups do their best to hold toy manufacturers to a higher standard, some dangerous toys inevitably slip through the cracks. When that happens, it’s important for injury victims and their families to hold them accountable with a product liability lawsuit.
Product Liability in California
Toy manufacturers owe an increased level of responsibility to families who purchase their toys. That means they must prioritize the health and well-being of a potential child user by ensuring the toy is designed, manufactured, labeled, and sold responsibly. A company that fails to adhere to these standards leaves itself open to lawsuits.
In California, any toy retailer or manufacturer can be held liable for unsafe toys, even fast food companies that include toys in kids’ meals. Families of children injured by dangerous toys may be able to file a lawsuit on one of the following grounds:
- Negligence. If a family can prove that a manufacturer owed a duty of care to a child, and their breach of that duty resulted in the child’s injuries, they may be able to pursue a product liability lawsuit on the grounds of negligence.
- Defect. If a toy has a manufacturing or design defect that causes injury to a child, a family may be able to pursue a product liability lawsuit on the grounds of defect.
- Strict liability. California law holds manufacturers to a theory of strict liability, meaning that plaintiffs are not required to prove negligence to pursue a lawsuit. Rather, they must only prove that a design, manufacturing or marketing defect caused the child’s injuries.
Product liability lawsuits offer injury victims and their families the opportunity to recoup some or all of their injury-related losses. If your child suffered dangerous toy injuries, an experienced California injuries lawyer can review your situation and help you determine the best legal strategy.
Getting Compensation for Your Child’s Dangerous Toy Injury
When it comes to personal injury lawsuits, injury victims often stand to gain more than they realize. That’s because, in addition to compensation for economic losses like medical bills and lost wages, they may also receive compensation for intangible losses, such as pain and suffering, disability, lost quality of life, and more.
If you’re like most parents of an injured child, you’ve got a lot on your plate. Between managing your child’s recovery, medical expenses, and work, you may be feeling overwhelmed and exhausted. Pursuing a personal injury lawsuit is probably the last thing on your mind, but remember: A lawsuit might be the best way to get the compensation your child deserves.