Can I Sue if a Toy Injured My Child?

You may be able to sue if a defective toy injured your child, but the injury and defect must be connected. Claims may involve a toy manufacturer, distributor, wholesaler, or retailer, and multiple companies may share responsibility. Potential defects include unsafe design, manufacturing errors, or inadequate warnings or labeling.

Getting legal help with your product liability action is critical. Use the Super Lawyers directory to find a product liability lawyer in your area.

Understanding Liability When a Toy Injures a Child

Not every injury leads to a successful personal injury claim. Understanding who is potentially responsible and how the law views product safety matters.

In many cases, multiple parties may be responsible, including:

• Toy manufacturers
• Distributors
• Wholesalers
• Retailers

Sometimes, these entities can share responsibility. The responsibility for injuries from defective products can extend across the entire supply chain.

How the Law Views Product Safety

Companies have a duty to sell reasonably safe products. While they do not insure against every type of injury in every situation, companies that manufacture, distribute, and sell toys do have a duty to ensure products are safe before they are available for purchase.

Preventable injuries may point to a breach of that duty. In such cases, when injuries occur, you may have an actionable claim under product liability law. Liability depends on the source of the defect and the harm that it caused.

When a Toy Injury Becomes a Product Liability Case

Product liability law recognizes three core defect types.

1. Design Defects

When the toy’s design is inherently unsafe, even when manufactured correctly, it may have a design defect. When a design flaw occurs, it impacts every single toy of that type. Examples of design defects include small parts that become choking hazards on a toy marketed to toddlers or the use of lead paint or other toxic materials.

2. Manufacturing Defects

A manufacturing defect means a flaw during production makes an otherwise safe design dangerous. A manufacturing defect impacts only select products of that type; it is not a defect that occurs across the product. Examples of manufacturing defects can include sharp edges or faulty batteries placed in one product batch.

3. Failure To Warn

A failure-to-warn defect (also called a “marketing defect”) can occur when labels, age recommendations, or safety instructions are missing or inadequate. This occurs when the manufacturer fails to give adequate warnings or labels about a dangerous product or how to use it properly. For example, toy packaging that fails to include a warning about a choking hazard, suffocation risk, or strangulation danger can amount to a failure-to-warn defect.

What if There Is a Toy Recall?

If the toy that injured your child was part of a recall, that recall can strengthen your claim because it often signals that a manufacturer, distributor, or safety agency has acknowledged a defect. A recall can support your argument that the toy was unreasonably dangerous.

However, you don’t need a recall to pursue a personal injury claim. Many personal injury attorneys and product liability lawyers will take your case without any recall on record.

The U.S. Consumer Product Safety Commission (CPSC) is a valuable resource. Manufacturers, importers, distributors, and/or retailers of consumer products must immediately report defective products that could create a substantial risk of injury to consumers. You can search its database at CPSC.gov to check whether a toy has been recalled and to document details that may support your claim.

What You Must Prove To Win a Product Liability Claim

Product liability law varies by state. To win a product liability claim based on a defective toy, you must meet the required legal elements. Evidence must support each element to build a credible claim. Regardless of the state, product liability claims must generally meet the following requirements:

• The product was defective. Establishing that the product is defective.
• The defect caused the injury. Demonstrating a direct link between the flaw and your child’s harm.
• The toy was used as intended. Showing that the toy was used reasonably or in a foreseeable way when the child was injured.
• Documented damages. Medical bills, ongoing care and medical expenses, emotional distress, pain and suffering, and related costs.

Theories of Liability in Product Liability Cases

There are a few different ways that a supplier could be at fault under product liability law:

• Strict liability. In strict liability, you don’t have to prove the defendant’s negligence. You have to show the product was defective. If so, the defendant will be liable regardless of how careful they were in making or distributing the product.
• Negligence. In a negligence case, you have to show the defendant acted without reasonable care in making or distributing the product. You may be able to prove that the defendant didn’t follow the correct manufacturing process or procedures.
• Breach of warranty. In this type of claim, you must show the product’s defects violate the product warranty. The warranty could be express (written or orally communicated) or implied (assumed to apply by operation of law).

In the most severe cases involving death, a loved one can pursue a wrongful death claim to recover losses. A wrongful death claim based on a defective toy may be based on strict liability when state law recognizes that theory. A personal injury lawyer experienced in wrongful death cases can help determine if this claim is right for your case.

When To Seek Legal Help After a Toy Injury

If you are considering filing a lawsuit based on your child’s injury, contacting an experienced product liability attorney is wise. This is especially true if the injury is serious or lasting, liability is disputed, or a manufacturer or insurer pushes back.

Because of the statute of limitations and the value of acting while evidence is still available, it’s worth pursuing your case as early as possible. To build the strongest case, consider the following steps:

• Preserve the evidence
• Document the evidence
• Gather supporting details

Obtaining skilled legal help as early as possible will help ensure the best outcome for your case. An experienced product liability attorney can also evaluate the specific facts of your case to determine what theory to pursue, such as a design defect, manufacturing defect, or a failure-to-warn claim.

Get Help from a Product Liability Lawyer

When you need to sue for a toy that injured your child, it’s critically important to understand your legal options. Schedule a consultation with an experienced product liability attorney by visiting the Super Lawyers directory to locate an attorney in your area. They can evaluate your claim and help you decide how to move forward.