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How Can You Prove That Your Child Was Injured by a Defective Toy?

Posted on 12/28/20 by admin in Uncategorized

December sales constitute about two-thirds of the annual toy sales in the U.S. After the holidays, however, too many children are hurt by their new toys. If your child is injured by a dangerous or defective toy, discuss your family’s rights at once with a Bethesda defective product attorney.

What are the signs that a toy is defective or dangerous for a child? How does the law protect children in Maryland, Virginia, and other states from dangerous and defective toys? And what is your family’s legal recourse if your child is injured by a dangerous or defective toy?

If you’ll continue reading, you will learn the answers to these questions, and you will also learn what steps to take if your child becomes an injury victim because a toy your child played with wasn’t safe.

Appearances Can Be Deceptive

In 2018, more than 226,000 children were treated for toy-related injuries in U.S. hospital emergency rooms. Of those children, 37 percent were age five or younger.

Even the most hazardous items for children may appear entirely safe while sitting on the shelves of toy stores and department stores. That appearance may be deceptive. Whenever you buy items for a child, take care that you don’t buy something that may cause an injury.

Read the warning labels that are printed on toys and toy packaging. Never buy a young child magnets, balloons, marbles, or anything small that a child can swallow. Swallowing a magnet or a button battery can cause a serious injury or a fatality.

What Other Products Are Dangerous for Children?

Choking, strangulation, lacerations, abrasions, contusions, and eye injuries are frequently sustained by children who have played with dangerous or defective toys, but toys are not the only consumer products that pose potential risks to small children.

Anything with strings, cords, ribbons, or straps poses a strangulation risk. Cordless drapes or blinds are recommended for parents and others who have babies and toddlers in their homes.

Younger children are more likely to swallow something dangerous, choke, or suffer strangulation. Older children are more likely to be injured playing with skates, scooters, mini-scooters, and skateboards.

A Bethesda Defective Product Attorney Can Help

If your child is hurt because a toy manufacturer was negligent, arrange at once to discuss your family’s rights with a Bethesda product liability lawyer. If your child was injured, a product liability lawyer can fight for the compensation your family will need and the justice you deserve.

Whenever you buy items for children, keep the sales receipts. Before you purchase a particular product, check to see if it has been recalled. If you get a recall notification or find that something you purchased is being recalled, take it back to the retailer at once for a replacement or a repair.

Many used items are simply not good buys if you have children in mind. A used item may have been recalled years ago. In 2009, manufacturers began phasing out toys made with lead or with PVC plastic, but some older and used toys and other items for children may still pose a hazard.

What Are Your Rights If Your Child is Injured by a Consumer Product?

If your child becomes ill or suffers an injury as the result of using a commercially-sold consumer product like a toy – as it was intended to be used and according to the directions – filing a product liability lawsuit will usually be the right step for the parents to take.

If you can prove your claim – with the evidence and the right Maryland product liability attorney on your side – you may be compensated for all of your child’s pending and projected future medical expenses as well as related childcare costs and other related losses and damages.

How Do You Prevail With a Product Liability Claim?

While the details of what your attorney must prove to prevail with a product liability lawsuit will be different in every case, generally speaking, product liability laws require injury victims (called “plaintiffs”) to prove these “elements” of a product liability claim:

  1. The product was defective, or the distributor or manufacturer did not provide adequate safety warnings and/or instructions.
  2. The defect or lack of instructions directly caused the plaintiff’s personal injury or injuries.
  3. The plaintiff had been using the item as it was intended to be used and/or according to instructions.

How Will a Bethesda Defective Product Attorney Handle Your Case?

Linking a particular item directly to an injury sustained by a child may not be easy. If an injury happens, seek medical attention for your child immediately.

To prevail with a product liability claim involving a child, a Bethesda defective product attorney will need to review:

  1. The medical report and test results from the child’s medical examination after the injury
  2. The sales receipts for the item that caused the injury and any other pertinent documents
  3. The manufacturer’s safety history and any previous claims linked to the product
  4. Any video evidence or witness statements that can corroborate your claim

Most product liability cases are resolved out-of-court. Especially when a child has been injured, a toy manufacturer may settle the case quickly to avoid the publicity that a courtroom trial might generate.

However, if your claim is disputed and cannot be settled privately, a Bethesda defective product attorney will take your case to trial, explain to a jury how your child was injured, and ask those jurors to award your family compensation for your child’s medical bills and related damages.

What Will It Cost to Seek Justice for Your Child?

A child’s catastrophic injury – or permanent disability – can be devastating to a family. In these cases, your family must be advised and represented by an attorney who knows how to win the maximum available amount of compensation that your family will need.

It does not cost anything to learn more. Product liability lawyers in Maryland and Virginia offer a free case evaluation, with no obligation.

You’ve been reading a general discussion of product liability cases that involve children, but if your child has been hurt, you will need specific, personalized legal advice. If you proceed with a lawsuit, you will pay no attorney’s fee unless and until your family is compensated.

Despite our efforts to make consumer products safer, especially toys, many items are still dangerous for children. If your child is injured or made ill by a toy or by any other consumer product, schedule a consultation right away with a Bethesda defective product attorney.