What Can I Do If My Child Was Injured By a Defective Toy?

The legal team at Shapiro, Washburn & Sharp can evaluate your case to determine what legal recourse you may have. We can assess your claim and guide you through the legal process to ensure you receive the compensation you deserve. Call us today at 833-997-1774 for a free consultation.

What Should I Know if My Child Is Injured By a Toy?

If your child is injured by a toy, it is important to take certain steps to ensure their well-being, as well as protect their rights to pursue damages for their injuries. The following are some key things to know if your child is injured by a toy or other type of product.

Seek Immediate Medical Attention

The health and safety of your child should be the top priority. If your child is injured, seek prompt medical attention to assess and treat their injuries. Follow the recommendations of healthcare professionals regarding further care, follow-up appointments, or necessary interventions.

Document the Incident and Preserve the Evidence

Document the details of the incident as accurately as possible. Take photographs of the toy, the injuries sustained, and the location where the incident occurred. Preserve the toy and any other relevant evidence, such as packaging, instructions, or warning labels. These can be important in establishing the cause of the injury and supporting your potential legal claim.

Report the Incident

Report the incident to the appropriate authorities, such as the Consumer Product Safety Commission (CPSC). Reporting the incident helps ensure that the information is documented and can contribute to product safety efforts.

Keep Records

Maintain a detailed record of all medical treatments, expenses, and any other relevant documentation related to your child’s injuries. This includes medical bills, prescriptions, follow-up appointments, therapy sessions, and any other expenses incurred due to the injury.

Consult with an Attorney

It is advisable to consult with a Virginia personal injury attorney experienced in product liability cases. Product liability laws hold manufacturers, distributors, and sellers responsible for injuries caused by defective or dangerous products. These laws generally cover design defects, manufacturing defects, and failure to provide adequate warnings or instructions.

An attorney can evaluate the details of the incident, help determine liability, and guide you through the legal process. They can protect your child’s rights, negotiate with insurance companies, and pursue legal action if necessary.

Statute of Limitations

Be aware of the statute of limitations, which is the timeframe within which you must file a lawsuit. The statute of limitations for children is different than the timeframe for adults. Your attorney can explain what the timeframe is in your situation.

Recalls and Safety Alerts

Stay informed about product recalls and safety alerts issued by the CPSC or other regulatory agencies. These notifications provide important information about potential hazards associated with specific toys or products.

Product Liability Claim

If the toy that caused the injury is found to be defective or unreasonably dangerous, you may be able to pursue a product liability claim. Product liability claims typically involve establishing that the toy had a defect, the defect caused the injury, and the child was using the toy as intended or in a reasonably foreseeable manner.

If successful in a product liability claim, you may be entitled to compensation for medical expenses, pain and suffering, emotional distress, lost wages (if applicable), and other damages resulting from the injury.

Remember, every case is unique, and the specific circumstances of your child’s injury will impact the legal options available. Consulting with a qualified Virginia product liability attorney will provide you with personalized guidance and support throughout the process of seeking justice and compensation for your child’s injuries.

What Should I Do If a Defective Product Has Injured Me?

If you suffer an injury due to a defective product, it is essential to act quickly, gather as much evidence as possible, and consult with a qualified defective product injury attorney to navigate the complexities of your claim effectively.

At Shapiro, Washburn & Sharp, we have decades of experience handling personal injury claims involving dangerous and defective products. We understand how to navigate the legal process and work with you to maximize the value of your case. Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.