Dangerous Toys Injury Lawyers in Dallas
Toys are often not as innocent as they seem. Since 2000, an average of 20 children have died from a toy-related accident, and in 2009, 185,900 children were treated for a toy-related injury. The most common toy injuries involve choking, suffocation, drowning or strangulation.
Lead poisoning can also be a risk while other toys pose impact injury risks, head, neck, eyes and other bodily injury risk or even electric shock and burn injury risk! Still others can emit loud noises that damage your child's hearing.
It is very important that parents keep up to date with recalled toys. In 2007 alone, 45 million kids' products were recalled as result of being deemed hazardous. Parents should also be aware that often recalled toys are continually sold at discount retailers, dollar stores, flea markets, liquidation firms and thrift stores.
How to Know if You Have a Case
When your child is injured because of a manufacturer's negligence you are entitled to health, financial and emotional damages. How do you know if you can hold a manufacturer liable? If negligence, breach of warranty or strict liability can be claimed, you have a case!
In the case of negligence, you must show that reasonable care was not exercised by the manufacturers or that a toy was improperly labeled or clear warnings were not present. If the age appropriateness of a toy is incorrect or if there are no warnings concerning small parts, a company could be at fault.
If a breach of warranty occurred, you can also file charges. A breach of warranty is based on contract law and occurs when a company breaches implied or expressed warranties. Finally, a strict liability case only requires a victim to show that:
- A product was defective
- The defect existed prior to the manufacturer releasing the product
- The defeat caused the victim's injuries
If a sharp edge or point caused a cut on your child, you could have a case. If toxic paint poisoned your child, you could have a case. Or if a small part of a toy broke off and your child choked, you could have a case. It can often be difficult to determine whether your's or your child's negligence caused the accident, or if the accident should be blamed on a third party such as a designer, tester, manufacturer, etc.
Receive legal assistance from Zinda Law Group today!
That is why you need a competent personal injury attorney to examine the toy, your child's injuries and all the details surrounding your case. Manufacturers have a duty of care, and should exercise caution especially when producing child products. When their carelessness harms your child and family, you should fight for compensation. Like individuals, companies must be held accountable for their actions!
When it is unclear as to who was at fault or when you or your child sustains a serious injury, it is always wise to secure the legal assistance of a professional- someone who has knowledge regarding state laws and has handled cases similar to your's. A personal injury attorney can help you determine whether it is better to press charges inside or outside of court and can give you a ballpark figure of the damages you are entitled to. You should not delay in seeking the legal services you need!
Often big companies can be intimidating to go up against as they already have many lawyers on their side, prepared to defend them in the event of being sued. This coupled with the fact that your's and your family's livelihood and future are on the line should motivate you to take swift action! If you entrust your case to us, Zinda Law Group will employ a 100% of its efforts to help you recover and move forward with your life. What are you waiting for? Give us a call today!