If your toddler was injured by a toy, proving that the toy was defective and that the defect caused the injury is essential for a successful legal claim. Consulting with an attorney specialized in product liability or personal injury is highly recommended, as these cases can be complex and challenging to navigate without expert assistance. Here’s a step-by-step guide on how to approach this situation:
Steps to Prove a Toy was Defective
- Preserve the Toy and Evidence
- Do Not Alter the Toy: Keep the toy exactly as it was after the incident occurred. Do not attempt to fix or alter it in any way, as this can affect your case.
- Document Everything: Take photos and videos of the toy, the injury, and the place where the incident happened. Write down a detailed account of the incident while it’s fresh in your memory.
- Seek Medical Attention
- Medical Records Are Key: Immediately have your child examined by a medical professional. Medical records will be crucial to prove the extent and causality of the injuries caused by the toy.
- Collect Additional Evidence
- Witness Statements: If there were any witnesses to the accident, their accounts could be helpful. Gather statements from anyone who saw what happened or can testify about the toy’s condition.
- Expert Opinions: Later on, your attorney might suggest hiring an expert in toy safety or a similar field to examine the toy and testify that it was defective.
- Research the Toy
- Look for Recalls: Check if the toy has been recalled by the manufacturer or flagged by safety regulators like the Consumer Product Safety Commission (CPSC) in the U.S.
- Find Similar Incidents: Research online for any reports of similar incidents involving the same toy, which can strengthen your case by showing a pattern of defects.
- Consult with an Attorney
- Legal Expertise: An attorney can offer a preliminary opinion on the viability of your case and what additional steps are necessary.
- Navigating Laws: They understand the specific legal requirements to prove a defect in a product liability case.
How an Attorney Can Help
- Case Evaluation: Assess whether your case is viable and how to proceed.
- Evidence Management: Help gather and preserve key evidence, and possibly hire safety experts.
- Legal Representation: Handle all aspects of your legal claim, including filing the lawsuit, dealing with the defendant’s lawyers, and representing you in court if necessary.
- Negotiate Compensation: Work to get compensation for medical bills, pain and suffering, and any other related costs.
Why Consulting an Attorney is Important
- Complexity of Product Liability Laws: Proving that a toy was defective involves understanding complex legal doctrines like strict liability, negligence, and breach of warranty.
- Dealing with Large Companies: Toy manufacturers will likely have legal teams experienced in defending against product liability claims. An experienced attorney will be able to effectively negotiate with these professionals.
- Maximizing Your Settlement: An attorney can help ensure that you receive all the compensation you’re entitled to, including potential punitive damages if the negligence was egregious.
Given the potential complications and the stakes involved, especially considering it involves an injury to a child, consulting with an attorney can provide you with the necessary resources and support to build a strong case and achieve a just outcome.
Has your child been injured as a result of using a dangerous toy in Pennsylvania? If so, our team of Pittsburgh product liability attorneys at Shenderovich, Shenderovich & Fishman is on hand to offer the representation you deserve. Learn more about how we can help by contacting us online.