Product Liability and Toys
Toy manufacturers have an obligation to design and produce toys that are safe for children when used as intended. Despite the many regulations in place to oversee product safety, defective toys make their way to the market. While most of these toys are eventually recalled, it is often not until numerous children have suffered unnecessary injuries.
As a product liability lawyer, Lynn C. Harris will fight to get victims of defective toy injuries the compensation they are due for resulting damages. Here, we provide our Salt Lake City, UT, and Provo, UT, clients with some important information regarding product liability and defective toys.
How Do I Know If I Have a Case?
Product liability cases tend to be complex, and most toy manufacturers employ a large and experienced legal team to defend them against allegations of defective toys. Given these circumstances, many people wonder if they have a viable case for product liability.
To demonstrate a case of product liability for a defective toy, three important factors need to be proven:
- The toy was defective (either in design, the way it was manufactured, or as a result of insufficient warning labels)
- A person was injured while playing with the toy due to its defect
- There was negligence that resulted in the defect
Anyone who suspects that their child has been injured by a toy defect should contact a knowledgeable product liability attorney, such as Lynn C. Harris, so that the case can be investigated.
What If the Toy Has Already Been Recalled?
Sometimes when a child is injured by a toy, the family learns after the fact that the toy has already been recalled due to a defect. These families often neglect to file a product liability claim because they assume they are in the wrong for allowing their child to play with a recalled toy.
When a toy is recalled, manufacturers are responsible for informing customers of potential hazards. Unfortunately, toy recalls are not always widely advertised, so customers may not realize that the toy is defective if they haven’t actively researched the product. Although cases involving a recalled product may be more complex, it is sometimes still possible for our Salt Lake City clients to file a successful claim for an injury caused by a recalled toy.
Who Can Be Held Liable?
Liability in product liability cases varies based on the specific toy defect. In most cases, the toy manufacturer is responsible for the defect and any resulting injuries. However, in certain circumstances, liability may be held or shared by:
- The toy designer
- The engineering firm
- The toy distributor
- The packaging company
- The retailer where the toy was purchased
Lynn C. Harris and his team will thoroughly investigate all defective toy claims so that they have the evidence necessary to determine liability and hold appropriate parties accountable.
What Type of Damages May I Be Due?
The amount of damages awarded in a product liability case will depend on the degree of losses suffered. Damages for monetary losses related to defective toy injuries may include the cost of hospital stays, medical bills, and rehabilitation, as well as any lost wages resulting from a parent needing time off work to care for their child.
In addition to compensation for monetary losses, we will also seek compensation for non-economic losses for our Salt Lake City clients. Non-economic losses include pain and suffering and, in the case of long-term injuries or disability, a diminished quality of life.
If your child has been injured by a defective toy, attorney Lynn C. Harris can let you know if you have a solid case for a product liability claim. To discuss your situation with our legal team, send us a message online at your earliest convenience, or call (801) 609-6972.