Parents usually assume that if they are buying a toy or baby product for their child, it is safe. However, defective items can cause children serious injuries.
In general, manufacturers and sellers can be held responsible if their product is defective and ends up in a consumer’s hands. Consumers have a reasonable expectation that the products they buy are safe. If they are not, the consumer can pursue a product liability claim.
For an injured person to successfully bring a claim for product liability, he or she must demonstrate that the product was defective and the defect made the product unreasonably dangerous.
A design defect means that the design of the product makes it unsafe, a manufacturer defect happens when the product is manufactured or assembled and a marketing defect means that the product did not include proper labeling, instructions or safety warnings.
In a recent report completed by the U.S. Consumer Product Safety Commission, it explains that there were more than 198,000 toy-related injuries that resulted in a visit to the emergency room. The injuries included cuts, abrasions, contusions, choking and airway obstructions. In that report, the injuries were caused by balls, balloons, building sets, scooters, toys vehicles and stuffed animals.
Other baby products like swings and cribs have caused sudden infant death syndrome, which is the sudden death of an infant under the age of one. This has happened with defective products and products that were recalled, but not taken off the market by the seller.
If a child has been injured by a defective product, an experienced consumer protection attorney can help.