Dangerous Toys Accident Claim Lawyers in Austin
What do magnets, pogo sticks, and plastic swords have in common? Besides being toys, each can pose serious risks to a child. Dangerous toys don’t have one look or purpose. They can range from water guns to dolls to jungle gyms- they can be any shape or size and have a variety of uses- and they can injure any child, from a baby to a teenager.
If a product was defective and caused your child harm- you could be eligible to receive compensation (the grounds for this lawsuit is called a “breach of liability”). Other ways you can collect damages include, showing that a manufacturer was negligent or that the toy company breached warranties. Since 2000, approximately 20 children have died from toy-related accidents. Every year, toys can cause children to choke, drown, suffocate, or can result in strangulation, electrical shock or serious impact or burn injuries. Another risk that toys can pose includes lead poisoning.
Even the most unassuming toys can be dangerous and result in serious injuries, or in some cases death (see wrongful death). Recalls are made by companies and the government to inform consumers about what toys and products have been rendered “unsafe.” It is important that parents stay up-to-date on recall information. While toy manufacturers are monitored by the Consumer Product Safety Commission, accidents and injuries can still happen.
Questions to Determine a Manufacturer’s Culpability
How can you know if a manufacturer can be held responsible for the injuries your child sustained? In order to determine if a manufacturer is liable, important questions to ask are:
- Did the manufacturer have a duty to warn the child about any dangers associated with the toy (tendency to break into small pieces, for example)?
- What was the likelihood that the toy would cause injury (suffocation, drowning, impact injuries and so forth)?
- Did the way in which the child was playing with the toy contribute to his/her injuries?
- Is the toy manufacturer based in the United States?
If the toy manufacturer is not based in the United States, it can be difficult to file a lawsuit. In this case, you might want to examine if another party is culpable, such a toy store for distributing the product or a fast food chain that included the toys in children’s meals. When you buy a toy for your child, you assume that it is safe, since it has passed tests to be released onto the market. Nothing is more devastating than an unexpected accident from a product that you thought was safe, as it was specially designed for your child. While all manufacturers have a responsibility, toy makers in particular must consider the safety of the child above anything, before placing their products on the market. At the same time, if a party distributes a toy, that they should realize is unsafe, they can be held culpable too.
What to Do After a Toy-Related Accident
After your family’s lives have been adversely affected by a toy accident, you should file a personal injury claim and fight for compensation to cover medical bills, rehabilitation and other expenses. It is important that you keep in mind that Texas does not allow personal injury victims to file after two years have passed. It is thus critically important that you contact a personal injury attorney right away to discuss the details of your case and how you can attempt to secure maximum compensation.
If you contact Zinda Law Group today, our firm would love to assist you with your personal injury claim. Our Personal Injury attorneys are knowledge about product liability laws and have skillfully handled several cases, which have given them the experience necessary to handle your case. Call Zinda Law Group now to begin fighting for the damages you deserve and to put you and your family on a better road to recovery!