Philadelphia Defective Toy Injury Lawyer
Proving a Claim and Receiving Compensation
Toys are manufactured according to strict guidelines; nevertheless, they sometimes pose serious dangers to those who use them, including children. Did you know that more than 250,000 children are injured or killed every year by dangerous toys? And this number represents only those that are reported. Of these children, more than 60 percent are under the age of 15, with the majority of them being boys.
What types of toy injuries are the most common?
- Bruising and abrasions
- Puncture wounds
- Bone fractures
How do toy injuries occur?
It is true that many toy injuries occur because the children were not being properly supervised. There is also a large percentage of injuries that happen as a result of the parents’ not following the manufacturer’s instructions or recommendations. Serious injuries also occur, however, as a result of dangerous design or defective manufacture. Some are manufactured using cheap and/or toxic materials, leading to serious toy injuries. Many toys are produced in countries where mass production is more important than monitoring the quality; this leads to cheap, defective toys.
What are the most common types of toys that lead to injury?
Any type of toy can lead to an injury if it is not used or assembled properly, but there are some toys that have much higher injury rates:
- Toys with electrical cords
- Toys that have sharp or jagged edges
- Rocking horses
- Toys that are battery operated.
Dangerous Toy Injuries: Knowing What You Can Do
When a claim is made for a toy injury, it is based on the legal concept known as product liability, which alleges that the toy caused an injury because it was defectively designed or manufactured. If you file this type of claim, you are essentially stating that if weren’t for the negligent design or manufacturing of the toy, the child would not have been injured. The exact type of injury sustained does not necessarily play a large role in this type of claim.
What has to be proved in a dangerous toy injury claim?
To win a child toy injury claim, there is a burden of proof that must be met, which requires that you prove four main elements:
- The toy was defective.
- The toy was defective because of negligence on the designer’s or manufacturer’s part.
- The reason the child was injured was because of this negligence.
- The injury sustained by the child has resulted in compensable damages.
It is important that you be aware of the full compensation you may be due if your child does have a toy injury claim. For example, in addition to the medical expenses incurred as a result of the injury, you may claim compensation for any out-of-pocket expenses, such as childcare and supplies. Furthermore, you can claim compensation for any wages you lost because you missed work to tend to your child. Your child may also receive a pain and suffering settlement for the injury inflicted.
In addition to a designer or manufacturer being held responsible for a defective toy, the retailer that sold the toy can also be held accountable. Retailers must follow policies that help ensure all products they sell are safe for children. When they fail to do so, this can put them at risk for being held responsible for a child toy injury.
If you have any questions about injuries caused by defective toys, or if you believe that your child suffered an injury from one, the attorneys at Wapner Newman can help. For almost 40 years, we have been the trusted advocates for countless personal injury victims and their families throughout Pennsylvania and New Jersey. We offer risk-free consultations and work on a contingency basis, which means that we do not require you to pay any fees until we have secured a recovery on your behalf. We encourage you to contact us today by calling 1-800-LAW-6600 or filling out a free case evaluation form.