Defective Children’s Products
A defective product is one that causes a user to suffer physical or personal injury because it is unreasonably dangerous, even when used as intended, or because of a manufacturing defect, design defect, or a warning defect (a failure to warn consumers of a particular risk associated with the product). It follows then that a defective children’s product is a product that is intended to be used by children but is defective in some way.
Examples of Defective Children’s Products
Every day, products such as toys, cribs, and children’s jewelry are recalled due to safety concerns. Even baby walkers have been banned in some countries because they have been the cause of many child injuries and deaths.
Some children’s toys have been recalled because they hold small magnets that are powerful and that can cause a child to suffer serious internal damage if swallowed. Other hazardous children’s products contain undetectable chemicals like cadmium, asbestos, or similar carcinogens that were used in their production.
Many other children’s products have been recalled because they contain lead that, when ingested, could harm a child’s development. Still, every year many children are sickened by toys painted with lead-based paint or injured by other hazardous children’s products.
Compensation for Injuries Caused by Defective Children’s Products
Because manufacturers claim that their products are safe if instructions and warning labels are properly followed, we trust that their products will function as they are supposed to. So, when an injury or death occurs because of a defective product, the manufacturers who make these claims should and can be held accountable.
If your child has been injured or has lost their life because of a defective product, you can file a product liability lawsuit against the parties responsible for bringing the defective product to market. In fact, several parties may potentially be held accountable in a product liability lawsuit, including the manufacturer, wholesaler, retailer, and others in the product’s line of distribution.
Steps to Take Before Filing a Product Liability lawsuit
For your product liability lawsuit to succeed, you must prove that your child suffered physical damage or a personal injury because of a manufacturing, design, or warning defect associated with the product. Here are some helpful steps to follow that will help you and your attorney build a successful product liability case against the responsible parties:
- Document all information about the product. This includes the store in which it was bought, the date of the purchase, and the date and circumstances of your child’s injuries.
- If possible, take photos of the product, your child’s injuries, and the location of those injuries.
- Keep documentation related to any time lost at work due to your child’s injuries.
- Save the defective product that injured your child and do not tamper with it in any way.
- Consult with an experienced product liability attorney who can help you recover maximum compensation for damages such as:
- Medical expenses.
- Lost wages.
- Pain and suffering, and
Contact an Experienced Product Liability Attorney
Manufacturers have a legal responsibility to warn consumers of the potential dangers associated with the use of their products. And we would all like to believe that manufacturers take this responsibility seriously, especially when it comes to children’s products.
A product liability lawyer’s goal is to protect individuals and families by holding the manufacturers and distributors of defective products accountable for the harm they cause. If your child has been injured or killed by a defective product, contact us at (562) 901-4664 or visit our contact page to arrange a free consultation with a knowledgeable and experienced product liability attorney.
Christopher Montes de Oca is an experienced personal injury lawyer in Los Angeles. Chris is recognized as a “Super Lawyer Rising Star,” a recognition that only 2.5 percent of lawyers receive, because of the exceptional results he has seen and his dedication to his clients. Chris services clients throughout Los Angeles, including Echo Park, Maywood, Long Beach, Whittier, Glendale, La Mirada, Pico Rivera, Hacienda Heights, and Alhambra. Call him today for a free consultation at (562) 901-4664.