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Charleston Personal Injury Lawyer > Blog > Personal Injury > Was Your Child Injured By A Defective Toy?

Was Your Child Injured By A Defective Toy?


It’s that time of year when children are ripping open gifts with glee. Unfortunately, nothing can put a stop to glee faster than a serious and unexpected injury. It’s a truly jarring experience for a child when a toy that is supposed to bring them joy instead causes them intense physical pain. If your child was injured by a toy, they are not alone. In fact, it is estimated that at least 217,000 children are hospitalized due to toy-related injuries each year. Sometimes these accidents cannot be avoided, while other times the harm could have been avoided by the toy manufacturer or designer.

When Can I Sue for an Injury Caused by a Toy?

If your child has been injured by a toy, it is understandable that you would be upset. You put so much effort into caring for your child and keeping them safe, and you expect companies taking your money to do the same. Unfortunately, especially during the holiday retail season, quality checks may be low and cost-cutting measures may be utilized as supplies are rushed to market to take advantage of the holiday shopping season. This can increase the risk associated with some toys. In short, if a toy is not as safe as would reasonably be expected, it may be defective. If a toy is defective, either in its manufacture or design, the manufacturer- and/or designer-companies may be held accountable for the defect, and will be held strictly liable for any harm that it caused.

What Kind of Defects Can Toys Have?

There are a number of ways in which a toy can be defective. If a toy’s design is defective, then the toy is in perfect condition and was made as it was intended to be made, but happens to be dangerous as it is. For instance, at one point Disney had to recall plush forks that it sold. The plush forks were properly executed and looked the way they were meant to look, but they represented a choking hazard because children are used to putting forks in their mouths. Although there was nothing wrong with the way the product was manufactured, its design was inherently dangerous to children. On the other hand, if a toy is properly designed but an error is made during its manufacture that makes it dangerous, this is a manufacturing defect. This error that occurred during the manufacturing process caused the toy to be unsafe. Another kind of product liability occurs when there were insufficient warnings or instructions given regarding known hazards. If your child suffered an injury or developed an illness that you believe could have been avoided if not for its defective state, it’s important that you talk to a lawyer as soon as possible to begin receiving the support that you need.

Talk to Gus Anastopoulo

If your child has suffered injuries due to a defective or dangerous toy, it’s important to hold the liable company accountable for the harm and get you the compensation that you are entitled to so that you can provide your child with the care that they need. Contact the Gus Anastopoulo Law Firm today and schedule a consultation.

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