A growing percentage of children suffer significant injuries at the hands of their favorite toys, according to the Center for Injury Research and Policy (CIRP).
Based on a study by the CIRP, a child is treated in an emergency room in the United States every three minutes for a toy-related injury. The biggest risk for young children is choking on small toys or small parts of larger toys. As children get older, injuries are more likely to come from riding toys like foot-powered scooters, tricycles, and wagons. According to the latest report of the US Consumer Product Safety Commission, there were an estimated 240,000 toy-related injuries treated in U.S. hospital emergency departments.
When a child is injured, any number of things could have cause the injury: carelessness, negligence, or simply being in the wrong place at the wrong time. When the injury is the result of a defective product, then your next feeling is likely anger, frustration, and a vigilant pledge to get even with the company that allowed a defective product to go unchecked, ultimately inflicting harm upon your child.
Dealing with a defective product—known as a products liability case—can be complicated. In addition, you’ll want to ask yourself some questions:
- How do you determine whether the accident was the result of defective equipment?
- Do state or federal laws protect me and my child?
- How can I objectively evaluate the cause of injury?
If you are considering legal action because of an injury, it is imperative that you retain possession of the toy: do not give it to the manufacturer. You should consult with a lawyer before sending anything to the manufacturer.
One of the most important questions you should ask yourself early on is whether you need a lawyer. Getting answers to the above questions, and any other questions you may have, can help save you time and money. A competent lawyer can help you tease out the nuances of your particular case. I offer free consultations for families of child injury victims, and I am happy to give you the guidance you may need.