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Defective Toy Lawsuits

by onFebruary 18, 2020

Every parent wants to provide for his or her children. There is no greater joy than watching a child’s face light up when opening an unexpected present. On the other hand, parents also need to be careful about what they buy their children. Not all toys are safe, and some of them are defective. In this article, we will discuss lawsuits against toy manufacturers and how they improve the safety of all children.

Defective Toys and Liability

Toy companies are held to high regulatory standards. They conduct safety tests on their toys to prevent choking hazards and other issues. This is because some children have lost their lives to toys that were not manufactured to these standards. 

Defective toy lawsuits are litigated according to the same rules as product liability lawsuits. Under product liability law, product manufacturers are strictly liable when their products malfunction and injure another person. However, they are not liable when the injured party used the product outside of its intended scope, did not read safety instructions, or the injury could not have been anticipated by the company.

There are three kinds of product liability lawsuits. Those include:

  • Lawsuits that allege a product was intrinsically dangerous – These lawsuits contend that the product was designed defectively and thus led to injury.
  • Lawsuits that allege defective manufacture – These lawsuits allege that the product malfunctioned as a result of some kind of manufacturing flaw.
  • Failure to warn lawsuits – These lawsuits allege that the company failed to warn purchasers concerning a potentially dangerous aspect of the toy.

In addition to these basics, toy manufacturers are subject to regulatory restrictions that force them to ensure all of their toys are fit for children. If they violate any of these regulations, then they are subject to civil liability.

Damages in Defective Toy Lawsuits

If your child is injured by a defective toy, then he or she is entitled to recover damages for those injuries. An injured child will need a parent’s consent to move forward with a lawsuit immediately, or the child can wait until his or her 18th birthday to file the lawsuit. Children are entitled to recover damages related to their medical expenses and pain and suffering. If the child is left with a permanent injury, then he or she can recover for lost future wages, shame, or embarrassment as well.

Talk to an Ohio Defective Toy Attorney Today

If your child is injured by a defective toy, the time to act is as soon as possible. The Toledo product liability attorneys at Lafferty, Gallagher, & Scott will help you file your claim and advocate on your behalf. Talk to us today for a free consultation.

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