It’s never good when a defective product enters the marketplace, but it can be especially devastating when that product is a toy. Because children are the ones who play with toys most often, they’re usually the victims when injuries result.
If your child was hurt by a defective toy, you may have grounds for legal action. While filing a product liability claim won’t restore your son or daughter’s health, it could yield the funds needed to secure exceptional medical care, not to mention ongoing help at home or school as needed.
In order to pursue such funds, however, you’re going to have to build a strong case. If you’re wondering what that entails, here are the answers to some of the most frequently asked questions about doing so:
1. Who Might Be Liable for Injuries Caused by a Defective Toy?
When it comes to toy-related injuries, liability depends on the nature and origin of the defect that caused them. In other words, there are a few parties that could be responsible for your child’s injuries. Examples include the engineering firm that approved the schematics, the manufacturer that produced it, the retailer that sold it, and the designer that created the packaging.
A resourceful product liability attorney can help you determine who was ultimately to blame by conducting a thorough investigation. Once you identify fault, you’ll know whom to name in your claim so you can pursue the compensation your family deserves.
2. How Do You Prove Liability for Toy-Related Injuries?
If you still have the toy in question, put it in a safe place until you can give it to your legal team. The defective item—and any packaging it came with—could end up being the strongest piece of evidence you present.
Other kinds of evidence that may contribute to the strength of your claim include:
- The toy’s blueprints;
- The manufacturing plant’s standard operating procedures;
- Shipping and storage logs;
- The retailer’s records;
- Video footage of the accident;
- Any relevant recalls; and
- The details of any similar accidents that have occurred.
3. What Kinds of Damages Can You Seek by Filing a Product Liability Claim?
Just because you don’t rely on your children for financial support or household services doesn’t mean their injuries can’t jeopardize the family’s security. Thankfully, virtually all accident-related expenses are recoverable. These include the costs associated with medical care, home and vehicle modifications, and property repairs.
You may also seek compensation for your child’s non-monetary losses. Such damages encompass pain and suffering, mental anguish, physical impairment, disfigurement, and loss of enjoyment in life.
Call 713-893-8808 for a Free Consultation with a Houston Product Liability Lawyer
Chelsie King Garza, P.C. is proud to help injured parties and their families secure the compensation needed to make their lives whole again. Attorney Garza is well-versed in product liability and knows what it takes to hold negligent manufacturers and retailers accountable. To schedule your free case review with a product liability attorney in Houston, complete her Contact Form or call 713-893-8808.
