Can I Sue a Toy Manufacturer for a Defective Product? All You Need to Know

According to a report by the United States Consumer Product Safety Commission, approximately 17 child deaths arose from a defective product in 2018. The same report suggested that over 226,000 children sustained severe toy-related injuries in the same year. For this reason, the body has raised concerns over the safety of toys and requires manufacturers to ensure that they don’t fall short of their duty of making their products safe.

In the same token, the manufacturers must warn the consumers of any potential hazards that may arise from the use of such toys. However, in the unfortunate event of a breach of this legal duty, the parents have recourse in law for a defective product.

Put briefly, parents have the right to hold the manufacturers responsible for any harm or injury that arises. In other words, they can file product liability lawsuits.

That said, here’s what you need to know about product liability lawsuits arising from a defective toy and how an attorney can help you.

Types of Toy-Related Product Liability Claims 

A manufacturer’s breach of their legal duty typically arises in various ways. There are three common types of toy-related product liability claims in this regard. This includes:

Manufacturing Defect

Put simply, a manufacturing defect denotes a defective condition in a toy that makes it unsafe. Although the toy was designed correctly, specific fundamental errors occurred during the manufacturing process, making the product unsafe. For example, if a dangerous screw existed on a mechanical part, this constitutes a manufacturing defect that results in grievous harm.

Defective Design

A defective design lacks fundamental elements of safety. In simpler terms, the structure itself is inherently dangerous. As such, any reasonable person would foresee harm arising from the use of the toy or product.

Failure to Warn

Manufacturers have an obligation and a legal duty to warn the consumers about any potential harm or danger inherent in their products. Legally speaking, manufacturers must have reasonably foreseen or anticipated harm brought to the users’ attention.

Strict Liability or Negligence?

A lawsuit may be initiated on the basis of either strict liability or negligence. Strict liability denotes a situation where you have a right to receive compensation if your child sustained a severe injury or harm after using the toy for its intended purpose. On the other hand, a claim under negligence is based on the manufacturer’s negligent conduct. In this case, you will need to prove that the manufacturer flouted the standards or, legally speaking, breached their duty, resulting in harm.

That said, whether your claim is a case of strict liability or negligence is a question of both fact and law. For this reason, it is imperative to speak to an attorney who will help you weigh both options and make an informed decision in terms of the right course of action to take.

How Do You Establish Liability in a Product Liability Case Involving a Defective Toy?

Oftentimes, a product liability lawsuit is based on negligence. As such, you must prove all the elements of negligence in order to succeed. Put briefly, the law requires you to demonstrate that the following exist:

• The toy manufacturer owes you a duty of care: Generally speaking, all manufacturers owe their consumers a duty of care. In other words, the law places a legal responsibility on them to ensure that any product manufactured is safe, and if unsafe, they should notify the consumer.
• A breach of that duty: This element is fundamental in establishing negligence. In simpler terms, you have to prove that the manufacturer’s conduct fell below the standard of a “reasonable person”. In other words, their acts constitute a breach of their duty to make the product safe.
• Causation: This simply means that the defendant’s conduct is what led to the harm or injury suffered. It is not enough to show that the child suffered harm. You must prove that the harm would not have occurred were it not for the defendant’s negligence.

Have an attorney by your side to help prove that the elements exist.

Common Defenses the Toy Manufacturer May Invoke in Relation to a Product Liability Claim

A toy-defect lawsuit won’t proceed unchallenged. Oftentimes, the manufacturer has their way of justifying or even exonerating themselves from any liability. Factual and legal arguments exist that prove that the child or any other party made a mistake.

A common defense to this effect is that the harm occurred due to misuse of the product. Misuse denotes failure by the child to appreciate the intended purpose of the product. For example, if your child uses a water gun with boiling water and sprays it at another child, the manufacturer won’t be held liable. This is because such misuse wasn’t reasonably foreseeable by the manufacturer.

Such a defense may sway the court to believe that the manufacturer shouldn’t be liable for the harm. However, there may still be loopholes that may establish the manufacturer’s guilt. For this reason, it is essential to have an attorney by your side.

Should You Hire a Defective Product Attorney?

A defective product attorney is one of the assets you must have in your claim against a manufacturer. Essentially, a competent and qualified attorney helps level the field and ensures that your rights and interests remain safeguarded during the whole process.

In the same vein, an attorney will help you collect all the relevant evidence and documentation. This is to the effect that relevant documents will help establish a valid claim and establish liability. Ultimately, a well-drafted argument tabled in court and presented well ensures that the manufacturer is liable for any harm. As a result, you will be compensated fully for all the losses incurred due to the injuries.

Need Help suing a Toy Manufacturer for a Defective Product?

If your child suffers injury or any harm due to a defective toy, you should take the necessary steps to ensure that their right to receive compensation is safeguarded. Remember, a statute of limitations bars stale claims from being presented in court. As such, you should seek help from an attorney as soon as the injury occurs. Contact us today for more help.