If you have recently purchased your young child a toy and he or she has somehow become injured by the toy, then you may be able to sue the manufacturer of the device. The type of professional you should speak to about the product is called a defective product lawyer. Before you start gearing up to meet with a legal expert in your area, you should make sure that you actually have a claim. Keep reading to learn a few things about defective products and the law.
Defective Manufacturing Product Claims May Be Hard To Prove
Under the law, there are three different ways that a defective product can harm a child and leave the manufacturer accountable. If the product is manufactured in a defective manner, if it is designed in a way that causes injury, or if it does not provide consumers with proper warning information, then the manufacture can be sued for an injury. If your son or daughter used a toy that was manufactured with an error and this caused the injury, then your claim may be difficult to prove. However, it is not impossible, so you will need to investigate whether or not you have enough proof for an injury claim.
For example, if you purchased a baby swing for your child with a weight limit of 30 pounds and the swing broke with your 20 pound child strapped into the seat, then the product may have been defective. If you notice no evidence of a defect, then the claim may be difficult to prove. However, if you notice that one of the screws slipped out of place or a large crack formed in the seat, then this may indicate a defect.
If you find similar stories of injuries caused by the same product created by the same manufacturer, then this can bolster your case and lead to the investigation of the manufacturer's process so the flaw can be found in the formation or assembly of the product. In many cases, the indication of several similar injuries can spark an investigation by your state's attorney general or by the Federal Trade Commission. Investigations that involve defective products can take some time. However, it can lead to a settlement without you having to go through a lengthy court battle. You will need to make sure that you have proof that you purchased the product in the way of a receipt. You also should provide your lawyer with pictures of the defect as well as medical documents that indicate how your child was injured.
You Can Sue For Injuries Involved With Normal Use
Sometimes, products will cause injuries even when they are used normally and how they are intended to be utilized. If the product somehow becomes dangerous when it is used, then this is likely a problem called defective design. The type of injury that is caused is a flaw with the entire line of products and can happen anytime the product is used by anyone. For example, if the baby swing you purchase for your child is designed in a way that the entire swing tips over onto your child as it is used, then this is a design defect. In many cases, the product itself can be used as evidence to show its design flaws during a demonstration, so it is imperative that you keep the product if you want to file a defective product claim.
Injuries can also occur during normal use if you are not warned about a possible injury ahead of time. For example, if the swing you buy causes your child's feet to drag against the ground and cause injuries, then there should be a warning on the box or in the instructions of the product that inform you of this. For example, a warning that tells you to place shoes on your child's feet at all times as the swing is used would be an appropriate warning or instruction to prevent such an injury. If you do not see one of these warnings, then you may be able to sue for the injury. However, you may need to prove that the same type of injury could occur when any other child used the swing. Your attorney can assist with producing this sort of proof.
For more information and assistance, talk with a lawyer, such as those at Adkins Law Firm.
Share28 September 2016
I was blessed to have grown up in a home with loving supportive parents. They both worked extremely hard in order for me and my sister to enjoy a better life than they had. Financially, they bought me a new car when I was sixteen. They also paid for my college expenses. Many parents do the same for their kids. They want to provide for them in the present while safeguarding their futures. One way parents can invest in their kids’ futures is by placing money in trusts that their children can utilize when they reach a certain age. A reputable attorney can establish beneficial trusts for your kids. On this blog, you will learn about the benefits of consulting with an attorney about setting up trusts for your children.