When your child gets a new toy, probably the last thing you want to think about is the safety of the toy. If your child is in the age group that the toy is made for, your child should be able to play with that toy without any potential harm. Unfortunately, this is not always the case. Sometimes toys come with inherent dangers that are unpredictable to parents. If your child was injured on a toy that was presumed to be safe while he or she was using it the way it was intended to be used, your family may be entitled to compensation.
In November of 2013, dangerous toys were still being found on the shelves which means even in the advanced world full of safety precautions and toy regulations, errors are still made. In November, 2013, many toys were found to contain dangerous chemicals including lead, phthalates, and cadmium, all of which can cause serious health problems for children. The Trouble in Toyland report also found numerous small toys with choking hazards and hearing hazards. Companies who make these products and retailers who sell these products can be found negligent for making and selling dangerous kids’ toys. By filing a lawsuit, you could contribute to the improvement of toy regulations and potentially keep another child from suffering the injury that your child did.
If your child was injured by an unsafe toy while using it in the manner it was intended, you may have a product liability claim. In order to win a product liability lawsuit, you must successfully prove four things. You must prove that your child was physically injured or that your family in some way suffered losses. For example, if your child has a toy car with a sharp edge that almost cut your child’s finger off, you do not have a case because an actual injury needs to happen. The second thing you must prove is that the product itself is defective. This means that if your child broke the hypothetical toy car then almost cut their finger off, you do not have a case because the car must injure someone while in the factory fresh condition. Next, you must prove that the defect was what caused the injury. Finally, you must prove that your child was using the toy in the way it was meant to be used. This means that if the car was being misused in anyway, you do not have a case.
If your child was injured by a toy and you think that the above four qualifications apply, you should contact an experienced unsafe toy attorney immediately. The unsafe toy attorneys at Cohen & Cohen have a vast amount of experience with product liability lawsuits and will patiently help you through the steps of a product liability lawsuit. If your child was injured, the best thing you can do is bring it to court so that you can recover the damages from your child’s injuries and hopefully prevent the injuries of another child. Contact Cohen & Cohen today.