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Suing for Defective Toy Injuries


It can feel like you try to do everything right, and the one time you think you don’t have to have your guard up, your child is injured by something you trusted to bring them joy. When so much of your life is spent caring for your child and keeping them safe, you expect others–particularly others who you are giving money to–to do the same. Unfortunately, that is not always the case. This is especially true during the holiday season when there is a rush of goods to market, in some instances foregoing regular quality checks and vetting in the process, and sometimes implementing cost- and time-cutting measures that would not otherwise be taken. This can result in lower quality materials, or less testing to ensure materials are not toxic. Things like instructions may also seem rushed.

How Common are Toy-Related Injuries?

If your child has been injured by a toy they are not alone. It is estimated that 217,000 children each year suffer injuries related to toys. The majority of these injuries occur to the head and face, and include things like burns, lacerations, contusions, and traumatic brain injuries, as well as severe eye injuries. Toy-related injuries and product liabilities issues are most common in the week following Christmas each year.

When Can You Sue for an Injury Caused by a Toy?

Absolutely.  You have grounds to bring a product liability lawsuit if the toy that harmed your child was defective or lacked appropriate warnings or instructions. If the toy is not as safe as a consumer would reasonably expect it to be, that is an indication that it may be defective. If a toy is defective in terms of the design, that means there are no flaws with the toy and that it was manufactured as intended, but that there is just some inherent risk with it or something inherently dangerous about the way that it is designed. For instance, a company designed and manufactured a fork-shaped stuffed plush toy. The toy was manufactured to the exact design specifications and no errors were made in creating it, however, the design was inherently dangerous because children were used to putting forks in their mouths, and the plush toy quickly became a choking hazard. On the other hand, if the design is defective, it may mean that the toy is not inherently dangerous but an error was made in the manufacture of their toy that caused it to be dangerous. For example, a toy that was manufactured with screws that were too small, causing them to fall out and pose a choking hazard to children.

Schedule a Consultation with Hawkins Spizman Trial Lawyers

You deserve to be able to trust your products and the law is on your side. Contact Hawkins Spizman Trial Lawyers,  serving Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, Sandy Springs, or anywhere in Georgia, the experienced product liability attorneys at Hawkins Spizman Trial Lawyers are ready to fight for you and get you the compensation that you deserve. Contact our Alpharetta personal injury attorneys today to schedule a free consultation.


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