While many personal injury cases are based around direct forms of physical harm like car accidents or traumatic injuries, there are also many other types to consider. One sadly common example here is that of product defects, and one especially worrisome area where this can be a concern is within the realm of defective child toys.
At the offices of William Rawlings & Associates, we're here to provide the best personal injury attorney services you'll find around Salt Lake City, Provo, Draper and nearby parts of Utah - including not just common claim types like car accidents, but also many others including child injury cases and more. Let's look at some of the kinds of injuries that children can sustain from defective toy products, the classifications that resulting claims are often placed into, how liability is established in these cases, and how our attorneys will work around the common defenses that toy manufacturers tend to fall back on in such cases.
Kinds of Injuries Children Can Sustain Due to Defective Toys
Sadly, there are a number of possible injuries that children can sustain from defective toy products. They range in severity all the way from minor bruising and scrapes to more serious damage like lacerations, burns, choking hazards, suffocation risks, electrical shocks and other similar concerns.
While it's certainly essential to keep a close eye on young ones while they're playing with toys of any kind, even then it's sometimes not enough to prevent injuries - particularly in cases where products are defective.
Classification of Resulting Claims
In the legal world, claims resulting from defective child toys can be placed into a few general categories. These are as follows:
- Design defect: One of the most common types of defect is when something intrinsic to the toy's design makes it inherently dangerous or hazardous for use. This can range from sharp edges on a stuffed animal to easily breakable parts in other products and more. In these cases, liability cases often result in manufacturers being required to alter the design to make it safer.
- Manufacturing defect: In other cases, the toy's design may be perfectly fine but there are problems in its manufacturing process that lead to hazards. These can include using unsafe materials or methods of construction that render a product dangerous when used as intended. In such cases, manufacturers may also face liability for any injuries their products cause.
- Failure to warn: The last type of claim is when a product has inherent risks that the manufacturer either did not identify or properly communicate to consumers. This can include choking hazards, age-inappropriate toys and more. In these cases, manufacturers may be required to provide proper warnings and instructions for use.
Establishing Liability
When it comes to building a case against toy manufacturers for injuries caused by defective products, there are two general approaches our attorneys may take:
- Negligence: This is when manufacturers fail to take reasonable care in the design, manufacture and/or labeling of their products. This can include not properly testing toys before releasing them for sale or failing to disclose potential hazards. To prove negligence, you must be able to confirm that the manufacturer owed a duty of care to consumers, that this duty was breached and that the breach caused your child's injury.
- Strict liability: In some states, there is another way for plaintiffs to prove their claims. This is known as strict liability, which holds manufacturers strictly liable for any injuries their products cause - regardless of whether or not they were negligent. To use this approach, you will need to prove that the product had an inherent defect and that this defect caused your child's injury.
Common Defenses in Toy Product Liability
If you're filing a claim against a toy manufacturer for a defective product, there are several defenses they may try to use. These can include:
- Assumption of risk: This is when it's assumed that parents understand the risks of using toys and therefore accept the possibility of their children getting injured while playing. To counter this defense, our attorneys may argue that the risks were not properly disclosed or that they are not reasonable for the age group intended to use the toy.
- Misuse: In some cases, manufacturers will try to shift liability by claiming that the injury occurred because the toy was used in an unintended way. This can include using the product outside of its intended age range or not following proper instructions for use.
- Lack of proof: Finally, manufacturers may simply deny that their toy was defective or that their product caused any injury at all. Our attorneys will work to gather evidence and build a strong case to prove otherwise.
So remember, if your child has been hurt by a faulty toy, call William Rawlings & Associates today for expert legal representation and advice! We fight for the rights of parents and children around SLC, Provo, Draper and other parts of Utah on a regular basis, helping them win the compensation they deserve for medical bills, pain and suffering, lost wages and more. Consultations are always free, so don't hesitate to reach out and speak with us about your case today. Your child deserves justice!
