What to Do When Toys Cause the Wrongful Death or Injury of a Child


When parents purchase new toys for their children, the idea of the toy causing an injury is likely one of the last things on their minds. However, defective products can cause injury. In extreme cases, a toy can also result in the unfortunate and untimely death of an innocent life.

What Are Product Defects?

In the simplest of terms, product defects are problems not caused by the user. These issues can be attributed to factors like poor design, low-quality materials and inadequate product testing. Take a child's bike, for example. Say the manufacturer was facing a deadline and decided to skip testing of the braking system and shipped the product as is. Due to their failure to fully test the bike, they were unaware of the fact that the integrity of the bike's brakes begins to fail after about 10 miles of riding. As a result, children riding the bikes were unable to stop, resulting in countless injuries and deaths.

Who Can You Do?

Whenever a child is injured or killed because of the negligent actions of another, the family can demand compensation. When it comes to the wrongful death of a child due to a defective product, the manufacturer of the toy isn't the only negligent and responsible party. There may be other entities you can include within your claim for compensation.

Using the previous bike example, for instance, it is the responsibility of the distributor to ensure all the products they sell are safe. If the distributor failed to do their proper due diligence before placing the bike on their shelves, any survivors would have a legal right to sue not just the toy manufacturer, but also the store they purchased the product from.

What If The Product Was Recalled?

While a company's initiative to recall a product does serve as their admission of neglect, this doesn't absolve them of their responsibility. If your child was tragically injured from a defective toy or product, a product recall does not prevent you from seeking compensation. In terms of the manufacturer, a product recall only serves as a protection going forward. Any children that suffered injuries prior to the date of the recall and their survivors have a legal right to be compensated for their loss.

If your family has been faced with the tragic event of loss, recognize that you are not alone. Wrongful death attorneys will be more than happy to represent your family and bring you compensation so that you can begin traveling down the path of healing from your loss.


1 December 2015

Find Legal Help for Your Loved Ones

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