Defective Children’s Toys and Injuries: What Parents Should Know
As a parent, you do everything you can to keep your child as safe as possible. You research cars with the highest safety rating, you compare the best car seats, and you make sure to feed your child the highest quality nutritional foods. However, even the most detailed and diligent parent can find themselves in a horrible situation. A defective product has hurt their child.
Whether it is a design defect, manufacturing error, lack of warnings, or an inadequate user manual, not all toys that are sold are safe. Sometimes, it takes a child to be hurt before a recall happens.
Parents who have a child who was hurt due to a defective product may be able to file a defective product injury claim and recover compensation for the damages that were suffered.
For more information about defective product claims in New Jersey, you are welcome to call our defective product lawyer at Monaco Law PC. You can have your case reviewed for free during an initial consultation.
Identifying the Most Common Safety Hazards in Children’s Toys
Despite toys being made to entertain and help children develop, if they are not made well, they can be dangerous and do more harm than good. Here are the most common children’s toy safety hazards:
- Choking hazards from small parts or parts that easily detach or break.
- Toxic materials that contain harmful chemicals.
- Sharp edges from poor construction or breakable components.
- Strangulation from cords, straps, or long strings.
- Batteries that overheat, leak, or are swallowed.
Filing a Defective Product Claim
A defective product claim is a type of product liability claim where a plaintiff takes civil action against another party for the harm they endured as a result of flaws in a product’s design, manufacturing, or labeling. When a claim is filed, it is not the plaintiff’s duty to prove that the party who made or sold the defective product knew that it was faulty or intended it to cause harm. It is only necessary to prove the product was defective in some way and that was the reason the child’s injury accident happened.
When filing a claim, parents should:
- Make sure to take their child to a medical professional to document injuries and obtain a treatment plan.
- Preserve the product without trying to fix it or alter it which is critical to a claim.
- Save all receipts, the packaging, and instructions that came with the toy.
- Take photos of the injury, the toy, and the area where the product injury accident took place.
- It can also be helpful to report the defective toy to the Consumer Product Safety Commission (CPSC).
- Finally, consulting with a product defect attorney can help parents leverage all available information to build a strong claim.
Speak to a New Jersey and Pennsylvania Personal Injury Attorney Today
If your child was harmed by a defective product, please call our product liability lawyer at Monaco Law PC at (609) 277-3166 for our New Jersey office and (215) 546-3166 for our Pennsylvania office to discuss your case today.
We are a New Jersey and Pennsylvania personal injury and wrongful death law firm serving Atlantic County, Bucks County, Burlington County, Cape May County, Camden County, Chester County, Cumberland County, Delaware County, Gloucester County, Mercer County, Middlesex County, Monroe County, Montgomery County, Philadelphia, Ocean County, Salem County, Susquehanna County and all of New Jersey.
