Toy manufacturers in the United States are legally bound to safety test their products and to respond swiftly to consumer complaints. But despite all the beta testing that manufacturers utilize, a dazzlingly and disturbingly diverse range of defective and potentially hazardous toys make it to the marketplace. A defective toy can cause minor irritation. For instance, an out of place prong can scratch a child who sits in a defective bouncy seat. Other defects can cause terrible, permanent injuries or even death. For instance, a toy that contains loose beaded parts may break open and serve as a lethal choking hazard.
Whether your toddler swallowed a toy that ultimately damaged his intestinal track; or your child got cut, burned, bruised, poisoned or otherwise injured by a toy that failed to function as advertised, you may be able to hold the manufacturer, marketer, and other parties liable for costs such as medical bills, pain and suffering, therapies, and potentially even punitive damages. First, you need a Louisville, KY defective toys lawyer.
Proving Liability in Defective Toy Cases: Not So Simple
The burden of proof on plaintiffs in product liability cases is high. You must competently and comprehensively demonstrate not only the product was flawed in some way but also that the product ultimately caused serious harm or injury. The defendants will probe your case to identify and highlight any weaknesses in your argument. For instance, say a toddler toy contained relatively sharp, pointy parts that caused scratches or eye damage. The manufacturer included instructions to the effect of: “caregivers should supervise children who play with this toy.” The defendant might, in this case, argue that you failed to supervise effectively, per the instructions; therefore, the manufacturer should not be liable.
Dozens of complicated, hard to resolve issues can emerge when you seek compensation for injuries associated with defective toys, including but not limited to:
- Did the warning label adequately catalog possible dangers?
- Did the child use the toy as directed?
- Could other factors have caused or exacerbated the injury/illness? (For instance, if a defective toy allegedly poisoned a child, did the poisoning actually result from the child’s playing with the toy, or might it have stemmed from some other cause, such as tainted food or allergies)?
- Have other children been injured by the toy in a similar fashion? If not, what made this case unique?
Getting Grounded Advice and the Legal Help You Need
Louisville, KY defective toys lawyer Tad Thomas can provide thorough, comprehensive, and compassionate legal help with your defective toy case. Not only did Mr. Thomas spend years in the office of Kentucky’s Attorney General, during which time he litigated cases against large petroleum, insurance, and pharmaceutical companies, but he also won the International Academy Trial Lawyers Award for excellence in trial advocacy. Learn more about his background and passion for victim advocacy and dial (502) 473-6540 to schedule your free consultation.