Parents purchase toys expecting to bring joy and development to their children’s lives, but occasionally these products fail catastrophically. When a seemingly innocent toy truck suddenly breaks apart, exposing sharp edges, families are left not only managing their child’s injuries but also navigating confusing questions about legal responsibility and potential compensation for medical bills and other damages.
At Byrd Davis Alden & Henrichson, LLP, we understand the concerns that arise when a child is injured by a dangerous or defective toy. As Austin’s oldest personal injury law firm, established in 1959, our attorneys have helped countless families hold negligent manufacturers accountable for the harm their products cause.
Understanding Product Liability for Defective Toys
Product liability laws allow consumers to seek compensation when defective products cause harm. For children’s toys, manufacturers, distributors, and retailers may be held responsible for injuries resulting from design flaws, manufacturing defects, or inadequate warnings.
A successful product liability claim for a defective toy typically requires proving the following elements:
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The toy contained a defect that made it unreasonably dangerous
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The defect existed when the toy left the manufacturer’s control
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The defect directly caused the injury
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The product was being used as intended or in a reasonably foreseeable way
After establishing these elements, your attorney can help determine which parties in the supply chain may be liable for your child’s injuries.
Types of Defects in Children’s Toys
Understanding the specific type of defect involved in your case helps build a stronger claim against the responsible parties.
Design Defects
Design defects occur when a fundamental flaw exists in the toy’s concept or blueprint. These defects make the product inherently dangerous even when manufactured correctly. For example, a toy with small parts that can easily detach presents a choking hazard to young children.
Manufacturing Defects
Manufacturing defects happen during production when something goes wrong in the assembly or creation process. A toy might contain toxic materials, sharp edges from improper molding, or weak points where components can break off—all deviations from the intended design.
Marketing Defects
Marketing defects involve inadequate warnings or instructions. Manufacturers must provide clear warnings about potential hazards and age-appropriate usage guidelines. Failure to include such information can constitute negligence if a child is injured while using the product.
Compensation Available for Toy-Related Injuries
If your child has been injured by a defective toy, you may be entitled to recover various damages through a personal injury lawsuit. The compensation could help cover:
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Medical expenses (current and future)
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Physical pain and suffering
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Emotional distress
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Lost wages for time spent caring for your injured child
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Rehabilitation costs
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In severe cases, permanent disability accommodations
The potential value of your claim depends on factors such as the severity of injuries, long-term prognosis, and impact on your child’s quality of life.
Steps to Take After a Toy-Related Injury
Taking prompt action after your child is injured by a defective toy can strengthen your case and protect your right to compensation.
Seek Medical Attention Immediately
Obtain medical care right away, even if injuries seem minor. Some injuries may not be immediately apparent, and medical documentation creates an official record connecting the injury to the toy.
Preserve Evidence
Keep the toy, its packaging, and any receipts or instruction manuals. Take photos of the toy and your child’s injuries. Document all medical visits, treatments, and how the injury affects your child’s daily activities.
Report the Incident
Contact the Consumer Product Safety Commission (CPSC), which tracks dangerous products and may issue recalls. Check whether the toy has been subject to previous recalls or complaints.
Consult with an Attorney
Hesitate to contact an experienced product liability attorney who can evaluate your case and explain your legal options.
Contact an Experienced Defective Product Attorney
Byrd Davis Alden & Henrichson, LLP offers compassionate, results-driven representation for families affected by defective children’s toys. We are true personal injury trial lawyers with a winning track record in the courtroom. Our leverage as experienced trial attorneys means we often obtain fair settlements without going to trial, but we have the ability and experience to win in court if necessary.
Our firm has been dedicated to delivering exceptional legal representation in personal injury cases for over 65 years. With a 98% success rate and more than $100 million recovered for our clients, we have the knowledge and resources to take on major toy manufacturers and their insurance companies. Contact Byrd Davis Alden & Henrichson, LLP today to discuss your case with our board-certified personal injury attorneys. Call us at (512) 454-3751 or submit your information through ourcontact form.
