As any parent can attest to, caring for small children and babies requires a certain amount of equipment and gear. Aside from the standard strollers, highchairs, and clothes that are quickly outgrown, there are any number of toys and specialty items that promise to either educate and entertain your child or make your life as a parent easier. There are plenty of good products available, but there are also a shockingly large number of defective products for children from otherwise reputable vendors that end up getting recalled each year. Through a product liability claim against the manufacturer or distributor, you may be entitled to compensation in the event your child suffers injuries as the result.
Dangerous Children’s Products
The U.S. Consumer Product Safety Commission (CPSC) acts to protect consumers against injuries and damages that are caused by dangerous and defective products that are sold in this country. The CPSC estimates that costs associated with injuries, deaths, and property damages as a result of these products are more than $1 trillion each year.
When consumer reports and complaints come in regarding products that are potentially dangerous, the CPSC investigates the matter and may issue a product recall. Thousands of products are flagged each year and among those most common on the list are baby and childcare supplies.
Defective toys are also a high cause of injury for children. According to data collected by the Center for Injury Research and Policy at Nationwide Children’s Hospital, a child is injured by a dangerous toy every three minutes. Children under five are more likely to sustain a choking injury while children five and older often sustain injuries from riding toys. Collisions and falls account for approximately 45 percent of defective toy injuries.
Hold Product Manufacturers Accountable
When product manufacturers sell defective products or fail to issue the proper warnings about potential dangers, they can be held liable for injuries you or your loved ones suffer through a product liability lawsuit. There are three grounds that a defective or dangerous product lawsuit can be made on:
- Defective design – This means the defect was present in the product from the beginning, even before it was manufactured.
- Defective manufacture – These defects appear during the manufacturing process.
- Failure to warn – This involves defects during the marketing process and may include a lack of safety warnings, instructions for use, and poor labeling.
Damages your family may be entitled to include:
- Current and future medical expenses
- Lost wages and future losses in earnings due to disabilities
- Compensation for pain, suffering, and any scarring that results
- Punitive damages, meant to punish at-fault parties for conduct that was particularly willful or negligent
Call Our Office Today
If your child has been injured because of a defective or dangerous product, contact one of our Virginia injury attorneys to discuss what type of personal injury claim you may have. The legal team at Shapiro, Appleton & Washburn has been advocating for victims and their families for more than three decades. We have successfully represented many clients in obtaining the financial compensation they deserved. Find out how we can help you get the compensation you deserve. Call our office today for a free and confidential case evaluation.
- Legal Responsibility in Product Liability Claims
- What You Should do if You’re Injured by a Defective Product
- Who Protects the Public from Dangerous and Defective Products?