Everyone loves to see that look of joy that appears on their child’s face when presented with a new toy. As a parent, you expect that the new toy you purchased will provide your children with hours of fun. Perhaps you choose an educational toy, so your purchase will provide your kids with an entertaining learning experience. Few of us consider the possibility that an innocent-looking toy may become an instrument of significant harm to our children. The government has rules in place to regulate toy manufacturing and labeling to help ensure the safety of the products. So, what can you do if your children are injured by a defective toy?
The sad reality is that dangerous toys pose a significant risk of injury to children. Toy defects cause injuries to thousands of children in America each year. The Consumer Product Safety Commission (CPSC) reports over 250,000 toy-related injuries, including 13 deaths, in 2017 alone. Of course, while we’re focusing today on children’s toys, manufacturers can be held liable for injuries to children from other products directed to children, such as baby cribs, bicycle helmets, and other playground and sports equipment. Most manufacturer liability for injuries to children due to toy defects falls under the legal doctrine known as product liability. Under this concept, the injured party does not have to show manufacturer negligence or intent to cause harm. If the injured party proves that the product was defective in some way, the manufacturer can be found liable under the “strict liability” concept.
There is no simple definition of what falls in the category of defective toys. A toy could be considered defective due to the design of the product itself. For example, consider a crib designed with the bars too widely spaced, presenting the risk that a baby could get stuck between them. Even if the toy was designed correctly, a shortcoming in the manufacturing process itself could result in a defective toy. An easy example of a manufacturing defect would be an assembly line failure to secure the tires on a child’s bicycle. Another example of a defect may be referred to as a warning defect, where the manufacturer failed to warn the purchaser that the product is not safe for use of a child under a certain age or without parental supervision.
Defective children’s toys can come in all shapes and sizes and manufacturer liability for injuries that result due to the defects can be proven under the general category of law known as product liability. While some defective toys may be easy to spot, proof of the defect with a resultant injury must be shown for the injured party to be successful in an action against the manufacturer of the product.
If your child has been injured due to defective toys, you should contact the Thomas J. Henry Law firm as soon as possible. At Thomas J. Henry, the largest personal injury law firm in Texas, we know that all injuries are serious business and children must be protected. Our product liability expert lawyers can assist you through the entire legal process from start to finish. No matter the case, we stop at nothing less than fighting to get you full compensation for your child’s injuries due to defective toys. Thomas J. Henry has the experience, expertise, and determination to get clients the large settlements and verdicts they deserve. Call the Thomas J. Henry Law firm today at 361-221-5053.