Philadelphia Defective Toy Injury Lawyer
Our Toy Injury Lawyers Can Help Win Compensation
Toys are supposed to be manufactured according to strict guidelines; nevertheless, they sometimes pose serious dangers to those who use them, including children. Toy companies issue recalls of defective products when safety hazards are recognized, but unfortunately, sometimes these recalls come too late to save some children from serious injury, and more than 250,000 children are injured or killed every year by dangerous toys.
When toy companies fail to properly design, test, and manufacture safe products for children, or deliberately cut corners to save money, they can be held accountable in a court of law. If your child has been injured by a dangerous or defective toy, you may be entitled to compensation through a toy injury product liability lawsuit. While no amount of money can make up for the suffering of your child, a settlement can relieve your financial burdens, provide assistance for your child into the future, and help prevent others from being similarly harmed.
Product liability laws are complicated, and large toy companies and their insurers will often try to deny your claim, or get you to settle for less than your case is worth. Fortunately, there is help available from the experienced toy injury lawyers at Wapner Newman. Let us take the burden off you by handling all investigations, negotiations, and legal hurdles involved with getting you the compensation you and your child deserve.
We offer a free consultation to discuss the circumstances of your case, so call us today at (215) 569-0900 to get started. We serve clients throughout Pennsylvania and New Jersey.
How a Toy Defect Lawyer Works to Help You
When your child is injured by a dangerous or defective toy, it’s important to start investigating and building your case as soon as possible. When you retain our Wapner Newman lawyers, we will:
- Meet with you to discuss how the child’s injuries happened, determine whether you have a valid case, who the liable parties may be, and what your case may be worth
- Investigate the circumstances of the accident and gather evidence such as parts of toys, photographs and videos of injuries, and police and medical reports
- Interview any witnesses
- Help you obtain proper medical care and document all injuries and their progression
- Pursue expert testimony as to who was liable, and the costs of damages and effects into the future
- File all paperwork according to Pennsylvania requirements and time limits
- Negotiate with any insurance companies involved and attorneys from the other side for a fair settlement
- Take your case to court if necessary.
We will be there for you throughout the entire process, answering your questions and addressing your concerns.
When do You Have a Case for a Toy Injury Lawsuit?
Toy Injury Attorneys Explain How Toy Injuries Occur
It is true that many toy injuries occur because the children were not being properly supervised or as a result of the parents’ not following the manufacturer’s instructions or recommendations. In these cases, a lawsuit may not be warranted. However, in situations where toys cause injuries as a result of being improperly designed, or they are manufactured using cheap and/or toxic materials or where quality is not monitored, there may be grounds for a lawsuit.
When a claim is made for a toy injury, it is based on the legal concept known as product liability, which often alleges that the toy caused an injury because it was defectively designed or manufactured. Some cases are also based on failure to warn.
1. Manufacturing defect. Manufacturing defects are flaws or defects that occur in the process of manufacturing the toy and may involve poor quality materials or shoddy workmanship. Manufacturing defects usually are caused by errors in quality control or production and may not occur in every identical item produced. An example would be a toy that was not finished correctly and had sharp edges that cut a child.
2. Design Defects. These occur when the design is flawed and the toy is unreasonably dangerous and can cause injury or death to someone using it, even though it is manufactured properly. An example would be a rocking horse that was not designed to be balanced correctly, and could tip over when a child climbed on it.
3. Failure to Warn. This arises when a toy has a non-obvious danger that could be avoided through adequate warnings or instructions. For example, a toy that poses a choking hazard to children or one that has elements that can get hot enough to burn must carry a warning.
In a toy product liability claim, our attorneys would need to show that if weren’t for the negligent design or manufacturing of the toy or lack of warning, the child would not have been injured. The exact type of injury sustained does not necessarily play a large role in this type of claim.
What Has to Be Proved in a Dangerous Toy Injury Claim?
To win a child toy injury claim, there is a burden of proof that must be met, which requires that our attorneys prove four main elements:
- The toy was defective.
- The toy was defective because of negligence on the designer’s or manufacturer’s part.
- The child was injured was because of this negligence.
- The injury sustained by the child has resulted in compensable damages.
Who Can Be Held Liable for a Defective Toy Injury?
In some cases, there may be more than one party that can be held liable for defective toy injuries. For example, in addition to a designer or manufacturer being held responsible for a defective toy, the retailer that sold the toy can also be held accountable. Retailers must follow policies that help ensure that all products they sell are safe for children. When they fail to do so, this can put them at risk for being held responsible for a child toy injury.
Our Wapner Newman attorneys would seek to identify all liable parties, as they all may have insurance and assets that can go toward a settlement.
Common Types of Toys that Lead to Injury
Unsafe toys can cause many serious child injuries, from broken bones to strangulation. While any type of toy can lead to an injury if it is not used or assembled properly, there are some toys that have much higher injury rates, including:
- Toys with electrical cords
- Toys that have sharp or jagged edges
- Rocking horses and riding toys
- Toys that are battery operated.
An unsafe toy may be defective or inherently unsafe for children due to the nature of the toy. For example, firearm toys, such as paintball and BB guns and other projectile toys, are inherently dangerous and can cause eye, head and brain injuries. They are, therefore, required to carry warnings and instruction for proper use.
Common injuries from unsafe and defective toys include:
- Bruising and abrasions
- Puncture wounds
- Bone fractures
- Eye and hearing damage
- Electric shocks
- Head and brain injuries.
Some of the most common causes of fatal toy injuries are motor vehicle involvement, airway obstruction and drowning. Riding toys such as non-motorized scooters and tricycles are especially dangerous for children, even when manufactured correctly. Balls have also caused many child deaths due to airway obstruction. Any toys with batteries could also be unsafe due to an ingestion hazard. Toys contaminated with a heavy metal such as lead during production can lead to poisoning.
Compensation You May Receive for Toy Injuries
It is important that you be aware of the full compensation you may be due if your child does have a toy injury claim. For example, in addition to the costs of medical and rehabilitation expenses incurred as a result of the injury, you may claim compensation for any out-of-pocket expenses, such as childcare and supplies. Furthermore, you can claim compensation for any wages you lost because you missed work to tend to your child. Your child may also receive compensation for non-economic damages such as pain and suffering from the injury.
There are a wide range of compensation amounts possible in toy injury cases, depending on the factors involved, such as the extent, seriousness, and permanence of the injuries. Our Wapner Newman attorneys can evaluate your situation and give you an idea of what your individual case might be worth and the amount we should fight for.
Call a Lawyer for a Child Injured by a Dangerous Toy
If you have any questions about injuries caused by defective toys, or if you believe that your child suffered an injury from one, the attorneys at Wapner Newman can help. For almost 40 years, we have been the trusted advocates for countless personal injury victims and their families throughout Pennsylvania and New Jersey. In the tragic situation where a child dies from an injury, you may be entitled to file a case for wrongful death.
Don’t wait to ask for help, as there are time limits for filing. According to Pennsylvania law (Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 5524), you generally have two years after the injury to file your case or the courts are likely to refuse to hear it. In addition, it’s best to allow time for us to investigate and build your case.
We offer risk-free consultations and work on a contingency basis, which means that you pay no fees until we have secured a recovery on your behalf. Call us today at (215) 569-0900 to get started.