It is devastating to think that a child could be put in harm’s way by playing with a toy that is meant to be fun or educational. Yet, such injuries are common, partly because children often lack the mental development or life experience to recognize potential dangers. On top of this, kids are known to be more likely to experiment with toys, using them in unexpected ways and sometimes ingesting parts and materials. As a parent, you have a right to seek damages through a product liability lawsuit if your child was hurt by a defective or unsafe toy. If you think a dangerous toy has injured your child, contact the Mobile, Alabama defective product lawyers of Tobias, McCormick & Comer. We offer a free initial consultation to review your case and have extensive experience in handling defective product cases.
Defective toy claims are somewhat different than other defective product cases because the intended users of toys are more vulnerable than most consumers. Some of the most notorious defective toy lawsuits have involved products that presented a choking hazard, exposed children to toxic chemicals or did not provide adequate support or barriers to prevent injuries. A number of toys caused several deaths or serious injuries before they were recalled by the manufacturer. Unfortunately, a defective toy may be left on shelves too long if the family of an injured child does not bring the toy’s danger to public attention. It is important to talk to an experienced product liability attorney to review the type of defect that may have caused the injury.
A product liability lawsuit after a toy-related injury may be based on any of the following:
- A manufacturing defect — Errors in the production process caused the toy to leave the factory in a condition that made its use unsafe.
- A design defect — Despite being manufactured correctly, the toy was designed in a way that made it unreasonably dangerous even when used as intended.
- A failure to warn — The toy did not come with adequate instructions for safe use or warnings about reasonably anticipated dangers from misuse.
A lawsuit brought on any of these grounds does not require proving negligence. A defendant is held strictly liable for the harm resulting from the product.
September is Baby Safety Month and Tobias, McCormick & Comer urges parents to take the time to review recall information on toys, as well as other products such as car seats, furniture, or strollers that could be defective. Here is a good resource for recall information: https://www.cpsc.gov/Recalls
Oftentimes, following and adhering to recall information can remedy a potentially dangerous toy or product injury. Take a moment and sign up for the recall alerts to keep your family safe from an unexpected defective product injury.
The lawyers of Tobias, McCormick & Comer, LLC in Mobile provide legal guidance and representation to Alabama parents whose children are injured by defective toys. To schedule a free initial consultation with one of our knowledgeable lawyers, call 251-432-5001 or contact us online.