The afterglow of the holidays leaves us with heartfelt memories of our children and grandchildren joyfully opening their gifts. Their eyes are wide with excitement as they rush to see what is waiting for them. As consumers, we trust that our goods are manufactured with safety in mind. Yet every year, many children sustain life-altering injuries and even some toy-related deaths.
According to the United States Consumer Products Safety Commission, more than 200,000 toy-related injuries are treated in emergency rooms annually. Common injuries include lacerations, abrasions, contusions, fractures, head injuries, choking and internal injuries from ingesting toy parts, eye injuries, and strangulation.
Liability for Toy-Related Injuries and Death
The United States has federal guidelines for the manufacture of toys in this country and imported toys from overseas. Toys that don’t comply with these guidelines are labeled defective, publicized, and taken off retail shelves. But they often remain available illegally through second-hand sales such as thrift shops, craigslist, social media, or online retail dealers.
Who is Responsible?
Toy-related injuries and wrongful death claims are based on the legal theory of negligence, which can occur in the designing, manufacturing, or distributing of a product. Furthermore, failure to label a product without sufficient safety information about the toy’s assembly or use is negligence. Product liability claims are based on a duty of care to provide safe toys to children. If non-compliant, those responsible are liable for damages that result from a child’s injury. Compensation is based on the personal and financial losses suffered by the child and the family. Those held liable may include the manufacturer, the distributor, the retail store, or other parties who ultimately contributed to the injury.
Physical Evidence for a Personal Injury Claim
For a child that has sustained a personal injury due to a toy-related accident, it is essential to gather evidence to build a strong liability lawsuit. An experienced personal injury attorney can advocate for fair compensation by investigating medical reports, bills for medical treatment and rehabilitation, photographs of injuries, and witness statements.
Parents must keep detailed records of lost wages while providing medical care and treatment for a child’s recovery. Behavioral changes that occur in a child that has been injured must be documented.
Ogle Law, LLC believes in Safer Communities Through Accountability.
At Ogle Law, we are committed to protecting our clients in personal injury cases by focusing on holding those individuals, corporations, or organizations accountable for their negligent or purposeful acts. Attorney William Ogle is a National Board-Certified Civil Trial Specialist, which distinguishes him from his peers. The legal community has recognized him as highly successful in presenting cases in court. Although many cases are settled pretrial, he prepares each case meticulously, as if it will be presented to a judge and jury.
A child that has suffered harm from a toy-related injury may require extensive surgeries, specialists, and other accident-related medical treatment. Contact Ogle Law, LLC for a personal injury consultation. Ogle Law has offices in Daytona Beach and Alachua, Florida, and can be contacted at 386-260-2157 or via our website.