Manufacturers of children's toys have a special obligation to make sure that the products they make are safe. Children often cannot appreciate the dangers that are associated with their use, do not understand or are not exposed to warnings, and are not able to adequately protect themselves against their dangers. Sadly, many children suffer needless, preventable injuries, and manufacturers should be held accountable.

Types of product defects

• Design defects - these occur in the design phase, so the product is unreasonably dangerous
• Manufacturing defects - these defects occur while the product is being built or created
• Warning defects - these are found in inadequate directions that accompany the product when it was sold

Strict liability

Strict liability claims enable an injured person to be compensated without having to prove that anyone has been negligent. It is assumed that when a product such as a children's toy is placed on the market, those entities in the supply chain (the manufacturer, wholesaler, or retailer), are obligated to provide something that is safe when used as intended.

To win such a claim, you must show that:

• The toy had a defect that was "unreasonably dangerous", which injured your child, and that this defect occurred while the toy was in design, manufacture, shipping or handling
• This defect injured your child, even though the toy was being used as intended
• The toy was "substantially" the same as it was when bought

Other types of product defect claims

There are other ways of approaching the lawsuit:

• Negligence - where you must prove somebody was careless
• Breach of warranty of fitness - where you must prove that your child's injury was directly caused by inadequate product warning

Examples of toy defects

• A baby's rattle which has weak seams so that the small beads can come out and present an aspiration danger to the child
• Little toy vehicles with poorly attached wheels which can come off and create a choking hazard
• A light-up yo-yo which can separate, allowing the small parts inside to present a choking hazard
• Swing sets with defective bolts that can allow the swing to detach from its frame, causing the child to fall
• Children's jewelry containing lead, which is toxic if ingested
• Baby buggy with weak hinges on the handlebar that can break, potentially allowing the buggy to get away from the parent
• Batteries in toy DVD players which can overheat and burst into flame
• Toy trucks with electrical circuits that can overheat and create a risk of burning or fire

Attorney Barry Doyle represents cases in which children have suffered serious injury or death after use of a poorly manufactured toy or defective product.

If you are considering bringing a claim against a manufacturer, it is important that you hold on to any pieces or packaging associated with the product.

You can read more by using the following links:

• http://www.toysafety.net
• Wrongful death
• Product Liability FAQ

If your child was injured due to an unsafe toy, find out more about your rights as a consumer and potential compensation. The legal team at the law office of Barry Doyle will work hard to hold manufacturers responsible and make sure your child has the necessary resources to recover and to be fairly compensated for his or her injuries. Contact Chicago defective product lawyer Barry Doyle for your free legal consultation. No recovery, no fee.

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