It’s a parent’s worst nightmare: innocent play turns tragic when a dangerous toy or sporting equipment injures their child. We trust manufacturers – especially manufacturers of toys and other children’s products – to test their products for safety, but defective and dangerous items still make their way to retail shelves.
When these products cause injuries, manufacturers are not quick to help families cover medical bills and other expenses or losses. In fact, they usually deny liability and fight to make the case go away.
For 35 years, Buttafuoco & Associates has been representing families struggling with serious injuries. Our defective toy lawyers in New York help parents hold toy manufacturers accountable for the injuries their products cause their children. Call 1-800-NOW-HURT if you or your child suffered serious injury or died due to a defective toy or recreational equipment.
When are product manufacturers liable for defective toys?
Manufacturers design most toys with a certain age group in mind. Toys for infants and toddlers should not include small objects that can become choking hazards. Wearable sports equipment for older kids needs to be sturdy and allow easy removal in an emergency. And it goes without saying that toys should not include dangerous chemicals.
Too often, though, manufacturers do not meet these obvious safety standards. For example, a family sued the manufacturer of a decorative bead, Aqua Dots, after a child swallowed it and its chemical coating metabolized into gamma hydroxybutyrate (GHB), a common date-rape drug. The family won a $435,000 judgment in federal court. In another case, Mattel settled a class action lawsuit for $50 million over a recall of toys that were made in China and contained high levels of lead.
Other common defects that might leave manufacturers liable for defective toys and the injuries they cause include:
- High flammability due to use of combustible materials
- Sharp edges or protruding pieces
- Cords or strings that become strangulation hazards
- Poor construction that causes sudden disassembly or instability
- Electrical shock hazards
Manufacturers may be strictly liable for injuries that their products cause. Strict liability holds manufacturers responsible for their products, even if they were not negligent in the design, manufacturing, or marketing of the toy. However, claimants must still prove the toy was defective and caused the child’s injury. This means working with experts like engineers, pouring over product test and manufacturing documents, compiling medical records, and building the case on the appropriate legal grounds.
Other cases hold manufacturers liable based on their negligence. These cases require proving that the manufacturer was careless or intentional in concealing the toy’s dangers or failing to adequately warn of safety hazards. Again, proving liability is never easy when the defendant is a large, multi-national manufacturer.
We work with expert witnesses and trained investigators to compile evidence and get the bottom of what happened to cause your child’s injuries. Our defective toy lawyers build solid legal cases based on their years of experience in this area of the law.
Potential Damages from a Defective Toy or Recreational Equipment
The courts handle cases involving children differently than those involving an adult. Namely, a young child will not be eligible for compensation for lost wages, but if they suffered a permanent disability they might be able to collect damages for lost earning capacity. This can become complicated, as deciding on a young child’s future earning potential means presenting convincing evidence and expert opinion.
Other recoverable damages may include current and future medical bills, as well as pain and suffering. Because an injury to a child can impact both yours and the child’s future and quality of life, it is important to discuss your right to damages with a New York defective toy attorney.
We have 35 years of experience helping injured people and their families get the compensation they need and deserve. We can help you bring a claim against a product manufacturer, no matter how large. Call 1-800-NOW-HURT to schedule a free, no-obligation consultation.