Blog Post

What to Do If Your Child Is Injured by a Defective Toy

By Admin • March 14, 2019
Harmful Child Toy — Southfield, MI — Bernstein & Bernstein

When you purchase a toy for your child, you have a reasonable expectation that the manufacturer or distributor went to great lengths to ensure the product is safe. Unfortunately, even the most trusted manufacturers or distributors can release products that are potentially harmful, and even deadly.

Having a child who is injured by a toy can be frightening and confusing, and chances are you won't know how to proceed. Here are the steps you as a parent need to take if your child is ever injured while playing with one of their toys.

Seek Medical Attention

After your child is injured, it is critical to seek medical attention, even if the injury is not severe. If the injury is not life-threatening, visit your local emergency room. However, if your child was seriously injured, call 9-1-1 immediately.

While you're in the emergency room, ask the doctor to thoroughly document all the injuries. Speak with your child and ask them to tell you everywhere they are feeling pain. A young child might not be able to express where they are in pain, so it is critical that the doctor perform a thorough examination.

Finally, take several pictures of your child's injuries. Over the proceeding days and weeks, continue to document your child's injuries. If you decide to file a claim against the toy manufacturer, documentation will help you show the court how the toy's defect has impacted your child's life.

Secure the Toy

The next step is to secure the toy because it will be used as evidence. However, before you pick up any pieces of the toy, snap several photos of the incident's aftermath. For example, if the toy went up in flames take photos of the remaining pieces and any damage that occurred to your home.

Next, pick up the toy and place it in a secure box. Make sure to pick up all of the pieces, the original packaging, the receipt and any instructions that came with the toy. Seal the box and take it with you to your attorney's office.

Speak with an Attorney

It is critical that you hire an attorney to help you understand your rights if you have a case and how to proceed. In order to file a lawsuit against the toy's manufacturer or distributor, your attorney must prove that either company was negligent, and this negligence led to your child's injury.

The first step is to determine if the toy was defective. For example, if there was a mistake made during the manufacturing, or if there was a dangerous product used to create the toy or if the manufacturer knowingly allowed a defective toy to enter the market, this could be proof enough for the court that the manufacturer was negligent.

Your attorney will also need to prove first that the design flaw was present, second that your child was playing with the toy in the appropriate manner and finally that this defect led to the injury of your child.

The injuries your child sustained will also ultimately determine the amount and kind of compensation available. For example, if the injury was minor, you may be allowed to seek compensation for medical expenses and pain and suffering.

However, if the injury was life-altering, your attorney might be able to seek reasonable compensation for any lost wages your child would have earned, had they not suffered the injury because of the manufacturer's or distributor's negligence.

Nothing is more heartbreaking than an injury to your child. If your child is injured while playing with a toy, don't hesitate to contact the professionals at Bernstein & Bernstein Attorneys at Law.

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March 12, 2024
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