Although parents tend to trust that their children’s toys are safe, the reality is that many are not, and this may lead to serious injuries. If you suspect your child’s injury was sustained from a dangerous toy, you actually have the right to seek compensation on behalf of your child.
If you have filed a Chicago product liability claim, and the responsible party either refuses to offer an adequate settlement or denies your claim, you will be still be able to seek damages in the form of a Chicago product liability lawsuit.
An experienced Chicago defective product lawyer can help you with your product liability lawsuit and can:
- initiate legal proceedings;
- determine whether a defective product is to blame for your child’s injuries; and
- determine who may be held liable for your child’s injuries.
A Chicago defective product lawyer can also gather the necessary evidence to prove your case and build a solid argument to win your product liability lawsuit.
Negligence in a Product Liability Lawsuit
You may be entitled to file a product liability lawsuit if your child was seriously injured as the result of a defective or dangerous toy. Contacting a Chicago defective product lawyer is vital to ensure that your child’s rights are protected.
The following 3 types of negligence serve as grounds to file a product liability lawsuit:
- Failure to Warn – if a product has the potential to cause injury or poses a risk by its use, it should contain a warning to consumers.
- Manufacturing Defect – there may be a defect in the manufacturing of the product that makes it dangerous.
- Design Defect – a product can be properly manufactured, but from a dangerous or defective design.
If your child has sustained severe injury from a dangerous toy, and your Chicago defective product lawyer can prove that an involved party was negligent in one of the above 3 ways, you will be able to file your Chicago product liability lawsuit.
Overview of Dangerous Toys
What makes a toy dangerous is the potential to cause serious injury to a child. There are certain risk factors that can lead to a child’s injuries from a dangerous toy.
Toys that have the potential to be dangerous or defective usually:
- have sharp edges (can result in cuts);
- are made of flammable material (fire hazard);
- contain small pieces (choking hazard);
- have long strings (strangulation hazard); and
- contain lead (can cause lead poisoning).
Choking and Swallowing Hazards in Dangerous Toys Since children often put things into their mouths, choking injuries are common. A swallowed piece can lodge in a child’s throat, blocking his ability to breathe. Swallowing toy pieces can also lead to intestinal blockage, causing additional medical problems.
Toys containing small pieces pose a risk to children, and are required to contain a warning to consumers about the potential risk. Failure to warn can result in serious injuries, or even death.
Small pieces can break off a toy and pose a risk. A toy may also be mislabeled, indicating that it is appropriate for a certain ages when it is not.
Injuries from Dangerous Toys
Injuries that can result from a dangerous toy include:
- broken bones;
- head trauma; and
- brain damage.
Any of the above injuries can be fatal. A Chicago product liability claim may be filed if your child’s injuries are the result of a defective or dangerous toy. If a product liability claim does not generate the compensation your child deserves, you can seek the help of a Chicago defective product lawyer to file a product liability lawsuit for you.
The ultimate goal of your Chicago product liability claim or lawsuit is to receive compensation for your child’s medical bills, any future medical assistance your child will need, and account for your child’s pain and suffering. A Chicago defective product lawyer will recognize a settlement offer that addresses all your child’s needs.
How a Chicago Defective Product Lawyer Can Help
If your child has been seriously injured as the result of a dangerous or defective toy, you may be eligible to file a product liability claim. A Chicago defective product lawyer can evaluate your case, determine whether a defective product is the cause of your child’s injuries and help you file a product liability claim.
The Law Offices of Barry G. Doyle, P.C. have tried many cases like yours and know the best ways to express degree of fault to the court. For a no-cost case evaluation and help preparing your evidence, contact us today – 312-263-1080.