As a parent, you choose toys for your children that you assume are safe and dependable. Relying on customer reviews, a company’s marketing tactics, and safety warnings, you pick their toys carefully. Unfortunately, not all toys are as safe as they seem and your child may suffer injuries even from the most well-marketed product. While maddening, you may have grounds to hold the responsible party accountable.
A defective product liability claim is something you file following injuries caused by a product, in this case, a child’s toy. There are several elements you must prove in order to successfully file and the following information can help you know where to start.
What Do I Have to Prove in My Claim?
All defective product liability claims are built around four elements. The more conclusively you show proof of each one, the better your chances of recovering monetary compensation. Referred to as the burden of proof, you must prove that:
- You or your child suffered injuries
- The toy is defective
- The defect caused the injuries
- The toy was being used according to the directions
It is also important to note that in order to have grounds for a claim, the injuries sustained must have been serious enough to necessitate medical attention. A small cut is probably not enough to warrant a claim.
Toy manufacturers are required by state law to use reasonable care when producing a toy. This means that they must do everything they can to ensure that the toy does not unnecessarily injure a child. Showing that the manufacturer did not exercise reasonable care can further your claim and help you successfully pursue justice.
Filing a defective product liability claim can be difficult, even when the object at stake is merely a children’s toy. Don’t assume that your child’s injuries aren’t serious enough to dismiss your grounds for a claim – always speak with an attorney first.
At the Law Office of James R. Snell, Jr., LLC, we would be honored to review your case and help you determine whether filing a claim is the best course of action. Call our firm to get in touch with a Columbia product liability lawyer today!