What Parents Need to Know About Defective Toys
Toys are a source of joy for children around the world. As parents, we expect the people who make toys to ensure their products are safe before they ever reach a child’s hands. Unfortunately, defective toys can make their way onto store shelves and into our homes. It can be shocking when a child is hurt while playing with something that’s supposed to bring them joy.
No parent wants to see their child hurt – if your child was injured because of a defective toy, know that you have options. Our Rhode Island product liability lawyer can help you hold negligent toy companies responsible for the damage done. While nothing can undo the damage that has been done, a settlement can help cover the cost of medical care, pain and suffering, and other costs.
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Seek Immediate Medical Attention
Kids can be pretty accident-prone, but if you suspect a defective toy has injured your child, it’s wise to seek medical attention right away. Even if you don’t think the injury is especially serious, a medical exam can help identify any underlying issues that could worsen over time. Prompt medical care helps to ensure that your child receives necessary care and serves as documentation of their injuries.
Preserve the Defective Toy and Evidence
While you might be tempted to throw the defective toy away, be sure to keep it on hand as evidence. Don’t attempt to repair it or alter it in any way. Instead, take photos and videos of the toy, its packaging, the receipt, and the resulting injuries. These can all serve as important pieces of evidence should you decide to take legal action.
Report the Incident
Notify the toy manufacturer and the retailer about the injuries caused by the defective toy. Reporting the incident can help sound the alarm that other children may be at risk. You can also report the incident to the Consumer Product Safety Commission (CPSC), which monitors and enforces product safety regulations.
Consult with a Rhode Island Product Liability Lawyer
Product liability is the term used to describe the legal duty that designers, manufacturers, distributors, and retailers have when their defective products cause injuries. A Rhode Island product liability attorney can help families take legal action against these parties. Product liability claims can be based on design defects, manufacturing defects, or failure to provide adequate warnings or instructions. Consulting with our lawyer can help you better understand your right to compensation.
Injuries Associated with Defective Toys
Every product liability case is unique. There are some trends, however, that emerge when looking at the larger picture. Here are just a few of the most common types of injuries associated with defective toys:
Choking
Small parts that can detach from toys pose a serious choking hazard, especially for young children. These parts can become lodged in a child’s throat, causing difficulty breathing or even suffocation.
Cuts and Lacerations
Sharp edges, broken pieces, or poorly constructed toys can cause cuts and lacerations. These injuries can range from minor scrapes to severe wounds requiring stitches or surgery.
Burns
Some toys, particularly those that involve electrical components or heat elements, can cause burns if they malfunction. Overheating batteries or faulty wiring can result in serious burn injuries.
Eye Injuries
Toys that shoot projectiles or have pointed parts can cause serious eye injuries. These injuries can include scratches on the cornea, bruising, or even permanent vision damage.
Damages for Children Injured by Defective Toys
When it comes to defective products, a child’s injuries are often the tip of the iceberg. The physical, emotional, and financial impact can be overwhelming for the entire family. Pursuing a legal claim for damages can provide much-needed compensation to help cover these burdens. Here are the types of damages that can be sought for children injured by defective toys:
Medical Expenses
Emergency room visits, hospital stays, surgeries, doctor’s appointments, medications, physical therapy, and any future medical treatments can be factored into your settlement. This ensures the injured child receives the care they need without financially damaging the family.
Pain and Suffering
It’s hard to imagine assigning a dollar figure to your child’s pain, but this kind of compensation can account for the distress and discomfort the child experiences due to the injury. This can include chronic pain, anxiety, depression, and other emotional traumas that impact the child’s quality of life.
Parental Lost Wages
Parents often need to take time off work to care for an injured child, attend medical appointments, or handle legal matters. Compensation for parental lost wages addresses the income parents lose as a result of their child’s injury.
