As a parent, you choose toys for your children that you assume are safe
and dependable. Relying on customer reviews, a company’s marketing
tactics, and safety warnings, you pick their toys carefully. Unfortunately,
not all toys are as safe as they seem and your child may suffer injuries
even from the most well-marketed product. While maddening, you may have
grounds to hold the responsible party accountable.
defective product liability claim is something you file following injuries caused by a product, in this
case a child’s toy. There are several elements you must prove in
order to successfully file and the following information can help you
know where to start.
What do I have to prove in my claim?
All defective product liability claims are built around four elements.
The more conclusively you show proof of each one, the better your chances
of recovering monetary compensation. Referred to as the burden of proof,
you must prove that:
- You or your child suffered injuries
- The toy is defective
- The defect caused the injuries
- The toy was being used according to the directions
It is also important to note that in order to have grounds for a claim,
the injuries sustained must have been serious enough to necessitate medical
attention. A small cut is probably not enough to warrant a claim.
Toy manufacturers are required by state law to use reasonable care when
producing a toy. This means that they must do everything they can to ensure
that the toy does not unnecessarily injure a child. Showing that the manufacturer
did not exercises reasonable care can further your claim and help you
successfully pursue justice.
Filing a defective product liability claim can be difficult, even when
the object at stake is merely a children’s toy. Don’t assume
that your child’s injuries aren’t serious enough to dismiss
your grounds for a claim – always speak with an attorney first.
At the Law Office of James R. Snell, Jr., LLC, we would be honored to review
your case and help you determine whether filing a claim is the best course
Call our firm to get in touch with a Columbia product liability lawyer today!