Last updated on October 24th, 2015 at 12:06 pm
Whilst most toys are safe, there have been incidents where toys have posed serious dangers to children. No manufacturer designs toys to be dangerous, however sometimes quality control can fail, and each year over a quarter of a million children are injured and some have even been killed by dangerous toys. Over 60 percent of children injured by dangerous toys are under the age of fifteen, and the majority of children reported to have been injured are male. Although many accidents occur due to a fault in the product, many often occur due to a lack of proper supervision or parental failure to follow the manufacturer’s instructions. If a defective product causes harm to your children here is what you should do.
Common Toys and Injuries
When it comes to injuries and harm caused by faulty toys, there seems to be a pattern. The most common injuries caused include bruises and abrasions, lacerations, bone fractures, puncture wounds, burns, strangulation, and suffocation whilst the most common types of toys found to cause the most injury are rocking horses, battery operated toys, balloons, toys with electrical cords, and toys that have sharp or jagged edges. If your child is playing with a toy such as these, you should always provide proper supervision and make sure that you have correctly followed the manufacturer’s instructions.
What Can You Do?
Claims of injury caused by a dangerous toy are based on the legal concept of product liability, which assumes that the manufacturer has sold a toy that has been defectively designed or built. If you were to open a case of product liability against a toy manufacturer, your argument would be that if it was not for the negligent design or manufacture of the toy, your child would have not been injured. Regardless of the cause of your child’s injury, the real legal basis for your claim will be the negligence of the toy manufacturer when designing or building the product.
What You Have to Prove
When a child is injured by a dangerous toy, it’s understandable why most parents are sure that the design of the toy was the cause. However, to be in a position to win your child’s legal injury claim, you will need to prove a number of factors. These four main elements are called your burden of proof, and must include proof that the product was defective, that the defect is a result of negligence on the part of the designer or manufacturer, that your child was injured as a direct result of this negligence, and your child’s injuries resulted in compensational damages. If your child has been injured and you think that you may have a case, we recommend obtaining the advice of a Los Angeles personal injury attorney such as Jacoby & Meyers who will be able to help you put together your burden of proof.
Has your child ever been injured by a faulty or defective toy or other product? How did you deal with the manufacturer? If you’d like to share your story, we’d love to hear from you in the comments.