Understanding Your Legal Options When Your Child Is Injured by a Defective Toy
Has your child been severely harmed by a defective toy? She is not alone. Over 265,000 children are rushed to the emergency room each year for toy-related injuries, according to the U.S. Consumer Product Safety Commission (CPSC).
Toy manufacturing is a huge $20 billion industry in the United States and worth over $80 billion worldwide. The government provides rules and testing protocols that toy manufacturers must abide by so as not to produce harmful or dangerous products.
However, many of the thousands of new toys hit the market each year fall short of the federal safety standards. In fact, millions of toys are recalled each year for defects either in design or manufacture, including for issues such a choking hazards, chemicals and lead paint, and burn hazards.
Manufacturer’s Liability for Defective Toy-related Injuries
If your child has been injured by a defective toy, there’s no doubt that you’re angry and anxious to take legal measures. Fortunately, Georgia law provides you a means to hold negligent manufacturers’ responsible for the harm they’ve caused. You can file a product liability claim or lawsuit against the toy manufacturer and seek recovery for your and your child’s damages.
Firstly, though, it’s important to understand that not all toy-related injuries justify the claim. If your child only received a few bruises or scrapes, for instance, you likely won’t need to file a suit. You can instead just report the defect to the CPSC on saferproducts.gov.
Also, the law states that toy manufacturers are not “absolutely liable” for injuries caused by their products, but rather that they need only to exercise “reasonable care” in its design and manufacture. In other words, a manufacturer can’t possibly foresee every possible way an injury can occur with their toys. They can only be held accountable when they are negligent, and the toys were defective. For example, if a child is made with lead and a defective product wrongful death case results, the likelihood of the manufacturer being held liable is high.
Do you qualify to file a defective toy claim or lawsuit?
There are four essential elements that need to be present to have a viable case.
- The toy was defective.
- The manufacturer’s negligence is what caused the toy’s defect.
- Your child was injured as a result of the error, i.e., he would not have suffered injury but for the defect.
- Your child sustained compensable damages.
If the above elements are right in your case, you’ll want to speak to a lawyer straight away about how to take legal action. For assistance from a defective toy injury attorney in Georgia, call Jason R. Schultz at 404-474-0804 for a free consultation.