Children’s safety is every parent’s number one priority. Parents justifiably expect that toy manufacturers will not produce toys that pose an unreasonable risk of harm to children. Unfortunately, many Atlanta families have raised children that have been seriously injured or killed by dangerously defective toys. Even if you’re able to remove the toy from your child’s throat before it asphyxiates your child, your child might still suffer a traumatic brain injury.
If your child was seriously injured by a defective toy, your primary concern should be that your child receives the best medical care. However, once your child’s medical condition is stabilized, it’s time to hire an Atlanta product liability lawyer to determine how your child was injured and who is responsible for the harm. Then, your attorney can help you pursue compensation on your child’s behalf against the party whose careless actions injured your child.
Do not hesitate to contact Allen & Scofield Injury Lawyers, LLC if a defective toy has harmed your child. We have over three decades of experience helping injured children and their families following a catastrophic injury. To speak with a skilled injury lawyer, call us today at (404) 419-6674 or online to set up a free consultation.
Different Types of Defective Toys
The United States Consumer Product Safety Commission reports that there were over 240,000 children injured in accidents with toys in 2016. Thousands more incidents were not reported because the parents of the injured children decided not to make a claim against the toy manufacturer or seller.
Toy recall statistics in the US and Georgia can give us a basic understanding that a toy might have an unsafe feature, but they often do not illustrate the specific dangers posed to children. Most parents are also working tirelessly to provide food and shelter for their children and do not have the spare time to research product recall statistics. Parents understandably expect that if a toy is sold in a store it has successfully passed all safety tests.
Some of the most common toy dangers include:
- Choking hazards – Serious harm from choking can occur if your child swallows a piece that fell off of a toy. A toy choking hazard can be caused by a poorly manufactured item, or by a toy that was designed with dangerously small pieces.
- Poisoning – Toxic substances are sometimes applied to toys by careless manufacturers. Lead in toys manufactured in China, for instance, has seriously injured children in Georgia and throughout the United States.
- Strangulation – Strings, straps, and cords pose a dangerous threat to small children. Those parts are often included in toys and games and can easily come loose and cause harm if they are not properly assembled.
- Broken or fractured bones – Lids and small doors on toys can trap children’s limbs in a vice-like grip. That can cause a child to break their bone as they try and remove their limb from the container.
- Suffocation – Toys such as masks and balloons can suffocate a child in a matter of seconds.
Who Was Negligent In Your Child’s Toy Injury Case?
Children are the most vulnerable members of society. Injured children deserve the opportunity to recover compensation from those that harmed them. Many parents initially contact the toy manufacturer to complain about the product that injured their child. In nearly every case, the toy manufacturer will not respond to the parent’s complaint. Many parents lose faith at that point and decide not to pursue the matter further even though their child might be facing a lifetime of future medical treatment as a result of the incident.
An experienced defective toy attorney understands how to build a strong case to recover complete compensation for your child’s losses. That process typically begins with the filing of a lawsuit. From there, the attorney will obtain critical documents that aren’t publicly available, such as the manufacturer product specifications, marketing research memos, and product testing results. The attorney will also take sworn deposition statements from all of the parties that are responsible and/or knowledgeable about the harms that your child suffered as a result of the dangerous toy.
Although the toy manufacturer is typically responsible for the harm caused by a defective toy that they produced, other parties may also be liable. The retail store that sold the toy, the marketing company that advertised the toy or another party in the chain of distribution may also be at-fault. An attorney can help you identify all of the responsible parties so that you recover full compensation for your losses.
Below are three types of defective toy cases:
- Design defects – A poorly designed toy can be very dangerous even if it is manufactured according to the design specifications. The company that designed the dangerous toy is responsible for the harms it causes to a child.
- Manufacturing defects – A safely designed toy can become dangerous if the manufacturer carelessly produces the toy. For instance, the manufacturer might expose the toy to hazardous chemicals during the manufacturing process if the manufacturer is producing many different types of products in the same production facility as the toy. Or the manufacturer might paint the toy with lead paint to cut down on production costs.
- Warning defects – Companies that sell a product are required to take reasonable steps to warn people about the dangers that are commonly associated with its use. For example, if the toy poses a choking hazard and the seller doesn’t include that warning, the seller can be responsible for a child’s choking injuries.
How A Lawyer Can Help After A Defective Toy Injury
A defective toy can cause tremendous harm to a child. Once your child’s initial pain subsides, you may be concerned about your child’s long-term physical and emotional development.
In a frightening situation like that, an Atlanta defective toy attorney is an invaluable resource. They can help you determine which product is responsible for causing your child’s injuries. Then, they can guide you through the process of filing a claim against the toy designer, manufacturer, and/or the toy seller. If you or someone you love sustains an injury as a result of a defective you, you should contact an experienced Atlanta product liability attorney at Allen & Scofield Injury Lawyers, LLC.
Our defective toy lawyers understand will help determine who is at fault for causing your child’s injuries. Once we determine fault, we will help recover complete compensation for all of your child’s losses, including:
- Medical bills
- Future medical and therapy needs
- Special educational needs
- Transportation costs related to recovering from the injury
- Special equipment required due to injury
- Compensation for pain and suffering
- Wrongful death compensation if the victim passed away
Allen & Scofield Injury Lawyers, LLC Can Help You
If you or your loved one has been harmed by a defectively dangerous toy, you should not hesitate to contact Allen & Scofield Injury Lawyers, LLC. Our veteran product liability lawyers will help you evaluate all of your legal options so that you can recover fair compensation from the parties that harmed your child.
Allen & Scofield Injury Lawyers, LLC has decades of experience representing injury victims. If you would like to speak with an Atlanta lawyer about a defective toy injury, contact us online or call (404) 419-6674 to set up a free consultation.