If your child is injured by a toy, your child may have a claim for money damages. Parents might easily overlook the fact that the manufacturer or seller of an unsafe toy may suffer legal consequences. Safety matters, especially for children. Entities such as manufacturers, suppliers, and sellers of toys should be held accountable when they do not exercise the appropriate standard of care and cause harm to a child.
You may have medical bills and other expenses that you are obligated to pay as a result of your child's injury. The grief and pain of an injured child may understandably take over one's thoughts; it is difficult to think about anything in the legal field. Right now, you are probably focused on your child's health and well-being. That is understandable, but it is important to consider the necessary steps in investigating whether your child has a personal injury claim.
It is important to note that the toy itself is probably the best piece of evidence that you may have in your possible case against the seller or manufacturer of the toy in order to hold it accountable for its wrongdoing or negligent conduct. So, put the toy somewhere safe and where it cannot be reached by any other children.
You may want to call a lawyer. If you have a case worth pursuing, the lawyer may want to safeguard the toy and use it as evidence for the claim against the defendant (e.g., the manufacturer of the toy). It is important to protect the toy and ensure that is does not change from its current condition. The condition of the toy is important in that it may be used to show what is dangerous about the toy in question.
For example, if your child is injured while operating a pocket bike, it may be due to unsafe equipment such as defective brakes. It is important that the pocket bike and all its components do not disappear or change in condition due to the fact that the parts of the bike, including the brakes themselves, are probably the best pieces of evidence.
One should note, however, that a personal injury claim for a dangerous toy is possibly very expensive to prove. In particular, an expert witness may be required to meet the burden of proof. The associated costs of handling such a case do factor into a lawyer's decision about pursuing a possible claim on behalf of your child. The best way to find out if your child has a claim worth pursuing is to speak with a personal injury lawyer about what happened and your child's injuries.
The Consumer Product Safety Commission has a webpage that informs consumers about the recalls of unsafe products. The toy in question may be listed on the website. To check, look here: https://www.cpsc.gov/. It is possible that the toy may not be listed, but that does not mean that your child does not have a possible claim.
The possibility exists that your child has suffered serious injuries due to the defective toy. Some examples of the types of injuries that may be suffered due to a dangerous toy are listed below.
- lacerations or cuts;
- choking;
- strangulation;
- eye injuries;
- burns;
- suffocation;
- broken bones;
- head injury;
- brain injury; and
- death.
Tragic results may follow a seller's, supplier's, or manufacturer's wrongdoing in allowing a dangerous toy to reach a child. The terrible results of such conduct may be addressed in the form of a personal injury lawsuit.
If your child has been involved in a toy related accident, please do not hesitate to reach out to Hobbs Law, LLC. We believe in putting safety first and making negligent corporations take responsibility for their wrongful actions. The Alabama dangerous toy lawyer at Hobbs Law, LLC is ready to hear your story. The initial consultation is free of charge
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