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Liability claims for your child’s defective toy injury

On Behalf of | Mar 21, 2023 | Products Liability

Parents want the best for their children. They ensure that every spot in the house is safe and that each meal provides the best nutritional value for their child. Even with choosing toys, parents carefully select those that are non-hazards. Unfortunately, there are defects in toys that go beyond the eyes of consumers. Because of this, there are incidents of child injuries due to defective toys.

Where did it go wrong?

The production of toys, like with other products, goes through many steps. This includes the process of design, manufacturing and distribution. Defects can occur in any of these processes:

  • Design: When the toy’s design is dangerous to begin with, even if the manufacturer built the product correctly, it is considered a defect. With this type of defect, the fault is usually with the designer since the law expects them to design products that are safe for the users.
  • Manufacturing: This defect is one wherein the manufacturer did not follow – intentionally or not – the original design, making the final product harmful to end users. The flaw could be a human or machine error, depending on the manufacturing process.
  • Marketing: Some adequately designed and manufactured products can still be dangerous. In these cases, one expects that appropriate warnings and instructions are available when the products go out in public. If distributors fail to make the necessary warnings, the product is a marketing defect.

Depending on the circumstances surrounding your product liability case, you can hold responsible designers, manufacturers, distributors or retailers and file a claim under any of the defects mentioned above.

Your next steps

If you believe that you and your child are victims of a defective toy product, it is best to gather available evidence, including the toy at issue, and build your product liability case with the assistance of an experienced professional.