There are few things more fun during the holiday season than watching a child’s eyes light up when he or she receives a prized new toy. For those who buy toys, though, it’s important to keep safety in mind.
It is recommended that shoppers keep in mind the Consumer Product Safety Commission (CPSC) safety guidelines for children’s toys in order to prevent defective toy injuries to the best of your abilities.
Products and toys designed for use by children are meant to be fun and safe playthings that delight children of various ages without presenting hazards that products for adults often would. Although such products are held to high standards by government agencies, they are often subject to defects that slip past safety tests. When such dangers are present in a children’s product, they can easily cause serious and even deadly injuries.
Accidents caused by defective children’s products are devastating for both the child and his or her family. Injuries caused by toy defects can require extensive hospital stays, multiple surgeries, physical therapy, and other financially taxing procedures to ensure a steady recovery, and some children’s lives may never be the same. While it’s important to get money from negligent manufacturers to cover such expenses, a family often finds closure as well and may even help prevent others from suffering a similar fate. The families of those injured by such products have the right to seek financial compensation for their child’s injuries and related financial costs. The San Diego child injury lawyers understand the distress of any child injury accident and are committed to protecting the rights of consumers throughout their case and helping the child receive what he or she needs to get better.
Child Product Regulations and Law
In order to combat the serious dangers of defective products, the United States Federal Government passed the Consumer Product Safety Improvement Act in 2008. Under the act, the Consumer Product Safety Commission (CPSC) was given further funding and new, stricter regulations were placed on manufacturers concerning lead content and metal jewelry. Specifically relating to children’s products, stricter regulations were imposed on cribs and pacifiers; small parts; and baby bouncers, walkers, and jumpers. As such, manufacturers who violate such rules face legal penalties and are more susceptible to lawsuits concerning their unsafe products.
Types of Child Product Defects
Product defects typically fall into one of three categories. These types of defects are:
- Design Defects – This type of defect is due to how a product is conceived and what elements are decided by the company to be part of the product. Because the design is faulty, all products within the line are affected by the defect.
- Manufacturing Defects – These defects occur in the actual creation of the product. Due to a variety of reasons, some or all of the products are created with a flaw because of how it was manufactured.
- Warning Defects – This happens when the warning on a product fails to properly inform consumers of the dangers of the product, or a warning is completely absent on a potentially dangerous product.
Common Child Product Hazards
While there are many types of defects that could be potentially hazardous to children using a product, there are some defects that are commonly hazardous and often lead to serious and fatal injuries. These child product hazards include:
- Choking Hazards – Children can easily choke on any object that is small enough to put in their mouths. Small toys, such as balls and balloons or toys with smaller pieces that are either loose or could come off, present a serious danger for small children.
- Suffocation Hazards – If products such as clothing or cribs contain materials that can become trapped over a child’s face and block their breathing, there is a great chance of a suffocation incident occurring.
- Falling Hazards – Products such as high chairs or cribs that do not properly restrain children or tip over easily can result in children falling and being injured.
- Fire Hazards – If a product does not meet flame resistance standards, it puts children at risk of burn injuries. Often, costumes and other clothing that is not flame retardant can easily catch fire and severely harm the child wearing it.
What Can a Product Liability Claim Do?
A product liability claim enables consumers that have been harmed by a dangerous or defective product to hold the negligent party responsible, such as the manufacturer, designer, or distributor, for the harm caused while also obtaining compensation for any of their losses. Manufacturers of any product are obligated to produce an item that is safe and free of harmful defects, but when a manufacturer is negligent, the safety of innocent consumers, including the youngest ones, may be put in danger.
An essential part of knowing if you have a valid product liability claim is understanding how the actual defect occurred. A product may be defective in its design, which is when a mistake or flaw in the design makes the product dangerous when used as intended. A defect may also come as a result of the manufacturing process, and other defects may involve such issues as inadequate or missing warning labels or instructions which may cause injury or harm the user.
Assistance to Help Your Child Recover
As a consumer, you have the legal right to pursue compensation from anyone responsible for the dangerous product when it has caused you undue harm or injury. Product liability law empowers consumers to hold negligent manufacturers or any other liable party responsible for the harm caused, so it is imperative to build a strong case in order to get successful results. If your child has been harmed by a defective or unsafe toy, documentation such as receipts and or written statements by anyone who witnessed the accident may be essential to your case. A qualified attorney can also help by proving negligence and showing that the sole cause of your child’s injuries was the product defect.
Compensation can be given for economic as well as non-economic damages associated with the injury accident, such as medical expenses and the pain and suffering your family endured as a result of the incident. Compensation can make a significant difference in how well your child is able to recover, so filing a claim may be one of the best decisions you can make for your family.
Helping Families Move Forward
The child injury lawyers in San Diego understand how traumatic it is when the child you love is injured, especially when it is a child’s product that you should be able to trust that was the cause. Our legal team has dedicated our careers to helping those injured as a result of another’s negligence and, as such, we have the resources, skills, and passion needed to fight for justice for your family. Manufacturers may have well-funded attorneys on their side who may do everything in their power to dodge liability for your child’s injuries, which is why you should have the best legal representation to preserve your rights and get the money your child needs to recover.
Finding a San Diego Defective Child Product Lawyer
Child product manufacturers are called on to have a high level of quality and safety precautions, but they do not always follow these guidelines. The San Diego defective product attorneys are dedicated to not only winning compensation for injured children and their families, but finding justice in holding negligent companies responsible for the injuries they caused. Contact us today for further details on how our law team can help you find compensation for your losses.