Birthday Blowup: Who Is Liable for a Defective Toy?
Toys provide children with unique educational experiences and endless hours of entertainment. Figures, crayons, blocks, video games – these products fill your child’s days with adventure, passion, and delight. Children look forward to their birthdays every year because they know it’s Toy Time. But anticipation and excitement can quickly turn to horror if the birthday present is defective and severely harms your child.
There is a lot of confusion online regarding product liability lawsuits and defective children’s toys. To help you glean some clarity, the product liability lawyers at Richard Schwartz & Associates, P.A. have published this summary of information.
In Mississippi, a parent can file a product liability claim for:
- Design defects
- Marketing defects
- Manufacturing defects
Of course, some toys are not inherently dangerous and only become a safety hazard if misused – like drones and slingshots. For this reason, you need to discuss your case with a qualified legal professional before filing a product liability claim. Our results-driven legal team can investigate the toy, establish liability, and develop a legal strategy that proves the negligent parties are responsible for your child’s injuries.
Establishing Liability in a Defective Toy Case
Toy manufacturers have a legal obligation to design, manufacture, and market products that are reasonably safe and functional. Like most states, Mississippi imposes strict penalties on any company that sells unsafe or defective products. However, this hasn’t stopped negligent and greedy companies from releasing dangerous products each year.
There have been many defective toy recalls in 2019, including:
- Power Wheels Barbie Dream Campers (Fisher-Price)
- Rock ‘n Play Sleepers (Fisher-Price)
- Baby Rattle Socks (Midwest-CBK)
- Little Experimenter Children’s Globes (Bulk Unlimited Corp.)
- Forky 11” plush toy (Disney)
- Beamz Light Up Toy Sword (GMG and Amazon)
As you can see, even the most popular and family-friendly toy companies can release defective and dangerous products. According to a report published by CNN, over 3 million children – about 1 child per every 3 minutes – were treated for toy-related injuries in 2011. The best way to avoid a tragic emergency room visit is to research a product before purchasing it for your child. That said, companies tend to fight product recalls to protect their profit margins, and it usually takes the threat of a class action lawsuit to get a dangerous toy off the market.
If a dangerous toy has harmed your child, you may have grounds to file a product liability claim against the following parties:
- The manufacturer
- The designer or engineering firm
- The retailer
- The marketer
- The package designer
- The company that transported the product
You can safeguard your claim by keeping the remnants of the defective product, taking pictures of your child’s injuries, and writing a detailed account of the incident while it’s still fresh in your mind. An attorney at our firm can examine this evidence and determine if the unsafe quality is a design, manufacturing, or marketing error. It’s also important to take your child to an urgent care facility to ensure their health and safety. When you speak with the doctor, make sure to request a copy of your child’s updated medical record.
To be awarded damages in a product liability lawsuit, your legal team must prove 3 facts:
- Your child used the product as the manufacturer intended.
- Your family suffered physical injuries and/or monetary losses.
- The dangerous product caused these injuries and/or monetary losses.
What If the Toy Was Already Recalled?
You can file a product liability claim even if the toy or game is has already been recalled. However, these cases can be incredibly challenging to litigate, so you need to contact an attorney if you’re interested in pursuing legal action.
Has Your Child Been Harmed by a Dangerous Toy?
If your child was injured while playing with a defective toy, contact the product liability lawyers at Richard Schwartz & Associates, P.A. Our compassionate and knowledgeable legal team has been providing personalized legal services and aggressive courtroom advocacy to the residents Mississippi for over 30 years. We have the resources to investigate your case, collect evidence that supports your claim, and negotiate or litigate on your behalf for a favorable case outcome. With our assistance, you can recover damages that account for your child’s existing and potential medical expenses. Plus, you can protect other children by holding the negligent parties accountable for their actions.
Call Richard Schwartz & Associates, P.A. at (601) 869-0696 to schedule a free case evaluation.