Injuries caused by dangerous and defective toys can leave your child with severe or life-threatening injuries. In the worst cases, children can lose their lives due to a design flaw or manufacturing defect.
Products sold to the public – particularly those designed for children – must not pose a threat for harm. If your child suffered a serious injury related to a toy, contact a defective and dangerous toys injury lawyer immediately to explore your options.
Types of Dangerous & Defective Toy Injuries
Although children can injure themselves in a variety of ways, defective or dangerous toys can cause severe injuries and even death. Some of the most common threats posed by defective toys include the following.
Choking and Strangulation Hazards
Small, detachable parts and long strings or cords pose significant choking and strangulation hazards for children.
Lead Paint and Toxic Chemicals
Some toys, particularly those manufactured overseas, can contain toxins and dangerous chemicals. One particular danger is toys that contain lead paint.
Defective toys that use electricity pose an electrocution hazard, potentially leading to burns and shocks.
Flammable toys, when exposed to a potential ignition source, can cause severe burns.
Laceration, Crushing, and Amputation Hazards
Some dangerous toys can lead to severe cuts and crushed or amputated digits.
Sharp and Projectile Hazards
Unnecessarily sharp items and those that can fly through the air pose a potential hazard to the eyes and soft tissues.
Three Causes of Dangerous Toys
Defective or dangerous toys fall into one of three categories:
- Design defects
- Manufacturing defects
- Marketing defects
The specific nature of the product defect will dictate the substance of the case we must make.
- Design defect: We must demonstrate that an aspect of the toy’s design posed a safety hazard and that a safer alternative was available.
- Manufacturing defect: We must demonstrate that the toy had a defect and posed a safety risk when it left the manufacturing facility.
- Marketing-related defect: We must demonstrate that the toy lacked adequate warning or labeling to advise parents of the associated risks.
Depending on which category your child’s injury falls under, a product defect lawyer can obtain the information and evidence necessary to build a strong case on your behalf.
How a Defective Toy Injury Lawyer Demonstrates Liability
In a product liability action for a defective or dangerous toy injury, our legal team must demonstrate the four elements of a defective product claim, which are:
- The toy had a defect.
- The defect was from the design, manufacturing, or marketing of the toy.
- The defect caused your child’s injuries.
- Your child suffered actual damages.
Product liability lawsuits generally fall into one of three categories, or causes of action, which include:
Strict products liability: This category requires our team to prove that your child sustained injuries while using the toy for the manufacturer’s intended purpose without making modifications.
Breach of warranty: This category requires our team to prove the same elements as a strict products liability claim and that the resulting injuries related to an aspect of the toy for which the manufacturer provided a warranty.
Negligence: Product liability claims do not require that we prove negligence. However, if we can demonstrate the four legal elements of negligence (duty of care, breach of duty, causation, and actual damages), it can benefit your case.
To build your case, we may call on safety experts or other subject matter experts to provide testimony to support our claims. Our legal team will gather evidence to further support your case.
A Defective & Dangerous Toys Injury Lawyer Fights for You and Your Child
The defective and dangerous toys injury lawyers at Newsome Melton understand the challenges your family currently faces, and we are here to help you.
We specialize in complex civil litigation, specifically in the realm of product liability. We provide an exceptional level of personalized service and attention, fighting tirelessly to get you the answers you deserve. Our first priority is to get justice for your family and fair financial compensation for your child’s injuries.
We will put our extensive network of resources to work on your behalf. We have a team of experts standing by to investigate your case. If we determine that the designer, manufacturer, or retailer of a toy has liability for your child’s injuries, we will aggressively pursue a product liability claim and – if necessary – file legal action to hold the at-fault party accountable.
Determining the Value of a Defective & Dangerous Toy Injury
The value of a defective or dangerous toy injury claim will depend on the nature and severity of your child’s injuries, as well as the prognosis for future recovery.
Some of the most common types of defective and dangerous toy injuries include:
- Eye injuries
- Broken bones
- Brain damage
Our legal team will calculate the value of your child’s injury based on some or all of the following items, as applicable:
- Medical and care costs to date
- Projected costs of future care and treatment
- Pain and suffering
- Mental anguish
The Newsome Melton legal team recognizes the importance of obtaining just compensation for your family, in response to the harm your child has suffered. A product liability settlement for a defective toy injury is the best way to ensure that your child has access to all the resources necessary to help them recover from their injury.
If you as a parent had to take time away from work to care for your child – or if you will miss work in the future to provide care – we can also include the value of your lost income, benefits, and opportunities.
Meet with a Defective & Dangerous Toys Injury Lawyer Today for Free
The lawyers of Newsome Melton understand the fear, anger, and frustration you feel. We get justice for our clients, and we will fight to get the answers you deserve.
If you believe your child sustained a serious injury or wrongful death due to a dangerous or defective toy, contact us today. We offer a complimentary consultation and case evaluation to answer your questions and explain your options.
Contact us today at 888-808-5977 to schedule your appointment with a defective and dangerous toys injury lawyer today.