Toy manufacturers are constantly experimenting with new products to increase their sales and profits. Unfortunately, a minor defect can transform a child’s toy into a deadly hazard.
If a toy defect caused an injury to your child, then you may be entitled to compensation for medical bills and other damages from the toy’s designer, manufacturer or vendor. If the incident happened in Alabama, contact a Birmingham Injury lawyer from Morris Bart & Associates, LLC.
Our legal team will help you fight for the maximum settlement, and we have the litigation experience to represent your interests if your case goes to trial. Call 800-537-8185 to schedule a free consultation.
How Often Do Toy-Related Injuries Happen?
Every three minutes, a child in the United States sustains a toy-related injury, according to the Center for Injury Research and Policy at Nationwide Children’s Hospital. The Consumer Product Safety Commission reported that 251,000 children were treated at emergency rooms for toy-related injuries in 2014.
Who Is Liable for Damages That a Defective Toy Causes?
Many people associate product defects with auto parts and sports equipment. But dangerous toys are recalled often. In fact, manufacturers of children’s products recalled nearly 17 million units in 2014, according to the Insurance Information Institute.
There are several parties who may be liable for damages in a toy-related product liability lawsuit. These include:
- The organization that manufactured the toy or its components;
- The person or organization that sold the item; or
- The party that installed or assembled the toy.
In order to identify the liable party, your personal-injury attorney will need to know the cause of the defect that led to the injury. Toy defects usually involve one of these three issues:
- Manufacturing Defect: A mistake during the manufacturing process often affects an entire product line.
- Dangerous Design: If there was an alternative design that was safer and practical, and would have prevented or reduced the risk of injuries, then the toy designer may be liable for damages.
- Lack of Adequate Warnings: Your injury lawyer will have to prove that reasonable instructions or warnings would have reduced or prevented injuries, and the lack of warnings made the product unreasonably safe. However, if the risk that caused the injury was obvious or generally known, then you may not have grounds for a claim.
Making a successful product liability claim is a legally complicated process. A small mistake could significantly reduce your final settlement or verdict.
If your child was injured by a defective toy in Alabama, turn to Morris Bart & Associates, LLC. A personal-injury attorney in Birmingham will help you fight for the highest possible compensation. Our legal team will also help you avoid mistakes such as overlooking certain damages, accepting a low settlement, or signing a general release. Call 800-537-8185 today to schedule a free initial consultation.