Many dangerous and defective toys are widely available throughout the United States and often times the danger is unknown until it is too late.
While parents should not have to worry about their children’s safety when buying a new toy, we must be aware that sometimes the seemingly most harmless objects cause irreversible damage. If your infant or child has been injured by an unsafe toy, contact the defective toy lawyers at Thomas J. Henry today.
Toy-Related Child Injury Statistics
According to the Consumer Product Safety Commission (CPSC), there were an estimated 254,200 toy-related injuries treated in u.s. hospital emergency departments in 2015 – 73 percent of these injuries occurred in children under the age of 15.
Forty-one percent of the estimated emergency department-treated injuries are classified as lacerations, contusions, or abrasions. In addition, 45 percent of the estimated injuries were to the head and face area – the most commonly affected area of the body.
Defective or unsafe toys that can pose an injury risk or hazard to a child are oftentimes recalled by the manufacturer. In 2015, there were 17 toy recalls involving approximately 370,000 toys recorded by the CPSC. These massive recalls highlight the importance of checking toy recalls and testing the safety of toys before giving them to your child.
What Are the Most Dangerous Toys
- Marketed on the internet without warnings, instructions, or age recommendations.
- Battery operated toys for children under 8 years old since batteries may leak, overheat, and explode.
- Contain ‘fur’ or ‘hair’ that could be ingested and pose a choking hazard for young children.
- Small removable parts or attachments at the end of laces and strings, such as bells, knobs, or beads.
- Projectile toys that can cause injuries to the eyes.
- Blunt, pointy, or sharp edges that could break a child’s skin.
- Realistic-looking toy weapons such as guns, swords, and knives that could be mistaken for the real thing.
- Strings longer than 6 inches which could strangulate small children.
- Require electricity to function and do not have step-down transformers to prevent electrocution risk.
- Toxic or flammable surfaces which can potentially cause injuries if consumed or ignited.
10 Common Injuries Caused by Unsafe Toys
Here Are 10 Common Injuries Your Child Could Sustain Due to A Dangerous, Defective, or Unsafe Toy:
- Blindness
- Broken bones
- Burn injuries
- Choking or strangulation
- Cuts and bruises
- Death
- Disfigurement or scarring
- Head injuries
- Hearing damage
- Permanent disabilities
Contact us for a free case review
Your Defective Toy Questions Answered
We have straight answers to difficult questions to help you make critical decisions, navigate legal process and help you get justice.
Following an accident, there are always more questions than answers. At Thomas J. Henry, we’re here to answer any questions you have about your injury case.
What Is the Statute of Limitations for Child Personal Injury Cases?
No. The laws have changed dramatically in recent years to protect child injury victims. Even in civil cases involving molestation, the identity of the child will be protected and the child will not be able to be cross-examined in the way the people sometimes see on TV and in the movies. The parent or guardian for the purpose of the litigation will be more involved in the lawsuit, and the child will usually be able to live their normal life without the lawsuit interfering in any significant way. In most instances, a case will settle outside of court and a lawsuit will not be necessary.
What Is a Child Injury Lawsuit?
A child injury case may be brought when an individual under the age of 18 is injured due to the fault of another person or organization. Examples of a child injury case include car wreck or semi-truck accidents, dog bites, daycare or caretaker abuse/negligence, birth injuries, burns, choking, drowning, or any other personal injury. The most serious child injury cases involve permanent injury or death. A guardian, usually the child’s parent, is appointed by the court to bring a lawsuit (if necessary) on the child’s behalf.
My Child Has Been Injured Due to Someone Else’s Negligence. What Should I Do?
The first and most important thing is obtaining proper medical care. Once the child’s injuries are being professionally addressed if there is a belief that the injury was the fault of someone else, or because of a defective product or unsafe condition of the property, an immediate investigation should begin. This is most often undertaken by skilled investigators and experts in consultation with skilled personal injury legal counsel. Often evidence that is crucial to proving fault for an injury can be easily and quickly lost. It is very important to preserve all possible evidence and to obtain photographs.
What Constitutes Pain and Suffering in a Texas Personal Injury Case?
In Texas, pain and suffering is a type of damage available in a personal injury claim, such as in an auto accident case. Pain and suffering addresses the physical and mental trauma that a person experienced in an accident, in the aftermath of the accident, and during any medical procedures that were needed as a result. In many auto accident cases, establishing significant pain and suffering is one of the most important pieces of a personal injury claim or lawsuit.
Catastrophic injuries, including traumatic brain injuries and spinal cord injuries, cause tremendous pain and suffering. Auto accidents oftentimes leave victims with severe, long-lasting, and debilitating physical injuries that can also lead to mental and emotional injuries. In these cases, pain and suffering (physically and mentally) is often easy to recognize. However, the amount awarded for pain and suffering is ultimately left up to a jury’s decision.
In order to successfully show the extent of an injured victim’s pain and suffering, it is imperative to have thorough and exhaustive documentation of medical treatments and therapies from physicians, surgeons, nurses, and psychologists. An experienced personal injury attorney can assist you with this process and also help with presenting your case clearly and convincingly before a jury.
Where Can My Texas Personal Injury Case Be Filed?
Personal injury lawsuits can be filed in what is referred to as a proper or appropriate venue. An appropriate venue is a city or county that is connected to or pertaining to your case under the rules of civil procedure and venue statute in Texas.
In general, the venue in which a lawsuit can be brought will be determined by one of the following:
- The county in which the accident or event occurred
- The county in which the adverse individual, or defendant, lives
- The county in which the defendant company or business has its principal office or headquarters
For example, if a motorist is hit by a semi-truck driver on a cell phone in “County A,” but the trucking company’s principal office is located in “County B,” your legal counsel will have options on where to file your personal injury lawsuit.
Defendants in a lawsuit can dispute the chosen venue and obtain a transfer in venue from the court if the transfer would be “for the convenience of the parties and witnesses and in the interest of justice.” You can view Texas Civil Practice & Remedies Code § 15.002(b) here along with additional information regarding proper venue.
Some lawsuits include more than one defendant, which can open up additional venue options for your legal team. Our firm has handled many types of personal injury cases in nearly every county in the state of Texas, and we will go the extra mile to find the best and most appropriate venue to try your case.
Why
choose
us?
We help clients across the U.S. with all types of injury cases, including vehicle accidents, slip and falls, wrongful death, product recalls, pharmaceutical cases, mass tort, and more.
Thomas J. Henry offers a “No Fee Promise.” We work on a contingency fee basis which means you do not pay our firm any fees unless and until we win your case. Learn more.
If you’ve been hurt, you may have a damaged vehicle or be unable to work. We can help get you a rental car if your vehicle is damaged and even advance money on qualified cases.
We are committed to your complete recovery. We will work with you to ensure you receive the necessary medical treatment and support for your healing journey.
If you’ve been hurt, you may not be able to come into our offices to speak to an attorney. Don’t worry, we will come to you wherever you are – at home, work, or hospital.
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