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Posted On 03.10.15 by in Product Liability
In the United States there are many quality standards governing the production and sale of toys. Child safety is taken very seriously, and many toys, especially those coming from countries like China and Taiwan, do not pass the quality and safety standards test. Every year however, thousands upon thousands of toys get recalled after they have been sold for a long time. Recalls normally happen when a child or many children become injured due to the use of a toy that was originally thought to have passed the safety standards required.
Over 250,000 children are reported to die or get injured every year due to dangerous toys. There are many other cases that just don’t get reported. Of these children, over 60% are 15 years old or younger, and they are mostly boys.
While many children can get injured by a toy due to wrongful use, for the most part, toys need to be built in a way that most kids can handle them, even in a wrong way, without getting injured. After all, kids are kids, and they will challenge even the clearest instructions on the package, if they are even aware of the instructions. Some of the most common injuries from toys are:
– Cuts and scratches
– Broken bones
– Burn injuries
– Choking with small toy parts
It’s always important for children, especially those under 15 years of age, to be properly supervised when playing with toys. Injuries can also happen when the parent doesn’t assemble the toy properly based upon the manufacturer’s instructions.
Some injuries can be minor. However, if a malfunctioning toy that was defective from the factory or a mass-produced toy built using toxic materials caused the injury, it might be time to file a personal injury lawsuit. A lot of cheaply built toys can cause serious injuries or even death, making this a very serious matter.
Common Toys that Cause Injuries
Not surprisingly, some of the toys that are most commonly used during childhood are the ones that can cause the most injuries. For example:
– Wooded horses
– Toys with electrical cords
– Toys with sharp edges
– Toys with batteries
Product Liability Defective Toy Claims
In the state of Maryland, defective toy claims fall under the notion of product liability, which is a form of personal injury claim. In most cases, the parent or legal guardian of the affected child will have to prove negligence on the part of the toy manufacturer or designer in order to successfully win a claim.
In order to prepare for a product liability claim due to a toy injury in Baltimore, an experienced lawyer will ask for as much proof as possible to show that the product was defective, that there was negligence on the part of the designer or toy manufacturer, and that the child got injured as a result of this negligence. The toy manufacturer might argue that there were warnings, such as choking hazard warnings on the package, or that the parent didn’t supervise the child properly. This is why it’s important to consult with a qualified attorney who understands Maryland laws pertaining to product liability and injuries caused by toys.
If you have used a product and it resulted in injury, you might be able to pursue a defective product liability claim. But before you proceed, it is important...Read Article