McCoy & Hiestand Attorneys at Law

Toys serve as an important part of a child’s development, teaching skills as well as providing entertainment. While parents do their best to purchase safe toys, thousands of children are injured by them each year.

What should you do if your child is injured by a toy? 

If your child is injured by a toy be sure to document not only the injury but also the toy that caused the injury.

Who can be held responsible?

If harm is caused by a dangerous or defective toy, both the manufacturer and the retailer may be held responsible.

Products and Defects Covered Under the Law

Any consumer product sold in the public marketplace can be the subject of a product liability lawsuit.

Some of the most common include medicines, toys, appliances and food. These can be defective in a number of different ways.

The product could have a flaw in its design that renders it defective, or it might have been designed satisfactorily but manufactured in a sub-standard fashion. Or even though it was designed and manufactured correctly, the product might suffer marketing defects such as:

  • Errors in labeling
  • Mistakes in the instructions
  • Exaggerated marketing claims
  • Faulty or inadequate safety warnings

In order to hold a company accountable for a defective toy there are a few elements that will need to be proven.

  1. The product was defective
  2. The designer or manufacturer’s negligence caused the defect
  3. Your child was injured as a direct result of the product
  4. Your child’s injures resulted in compensable damages

If your child simply cut or bruised and did not require medical attention you do not have a claim, but the faulty product should still be reported.

 

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MCCOY, HIESTAND & SMITH, PLC
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