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Castle Law Office

Q
If My Child's Toy Malfunctioned and Injured Her, What Should I Do?

A

Even with strict guidelines and safety laws, there are times when a faulty toy still makes it into the hands of a child. If your child was injured by a toy that malfunctioned or was unsafe, you could have recourse. 

Once your child is safe and any injuries are being treated, there are some steps you should take. Most importantly, document everything you can:

  • Take photos of any injuries, even if they're minor.
  • Make sure any medical treatment is well documented, too, since you want to be able to prove there was an injury.
  • You'll also want to take photos of the toy, especially if a photo sheds light on how it malfunctioned. 

 

At this point you may be wondering if you have a product liability claim. A personal injury attorney can help you figure this out and decide what your next step should be. 

Should you choose to pursue a product liability case, you'll need to prove the toy did in fact malfunction and that the malfunction was caused by the manufacturer. Another factor that can influence your case is whether the toy was being used as it was intended. 

There could be a flaw from the manufacturing process that only affected your child’s toy or a small group of toys; or there could be a problem in the design of the toy that makes the problem endemic to every version on the market. You'll choose a different legal strategy depending on which situation is true for you.

Whether you have legal recourse or not, you should contact the Consumer Protection Safety Administration and/or the manufacturer to let them know what happened. This step can help prevent future injuries for other children.

Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation. 

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