Can I Sue the Toy Manufacturer for a Child’s Injury?

If your child sustained an injury from a toy, you can hold the manufacturer accountable along with other parties. When you buy a toy for your child, you hope that they will have a fun time playing with it and not suffer injuries.

Our Fort Myers child injury lawyer at Viles & Beckman has over 40 years of combined experience helping parents and their children get compensation for their pain. If your child has been injured because of a toy, read on to learn how you can sue the toy manufacturer for a child’s injury.

What Toys Can Cause a Child Injury?

Children’s toys have the potential to cause a wide range of accidental injuries if they contain latent defects or design flaws. The specific type of harm will often depend on the nature of the toy involved. Some of the most common toys that can cause injuries include:

• Toys with small parts that break off or come loose: Young children run the risk of choking or internal injuries from swallowing or aspirating pieces. Toys with sharp edges or points present laceration and puncture dangers.
• Noisy toys: Toys sold without adequate warning of loud sound levels could potentially damage developing ears. Toys with batteries or electronics may cause burns if they overheat. If your child suffered a burn from a toy, our Fort Myers burn injury lawyer can help you pursue compensation.
• Ride-on toys or those with wheels, strings, or cords: These could lead to falls or strangulation. Durable plastic toys may cause bruising or break bones if they fall on an infant or toddler.
• Toy chemistry sets: Toy tools and construction toys run risks of eye injuries from flying parts or toxic chemical exposures if instructions lack necessary safety precautions and warnings. Any toy issues causing loss of control for the child diminish protection from harm.

Our Fort Myers child injury attorneys evaluate each circumstance carefully to fully understand the potential causes and severity of injuries for any defect-related claim.

How Do Personal Injury Claims Work for Child Injuries?

When a child is injured due to the negligence or defective product of another party, pursuing compensation through a personal injury claim provides an avenue for recovery. However, the legal process can be complex. This is where working with an experienced child injury attorney is essential.

How We Investigate Your Child Injury Case

Our attorney will first conduct a thorough investigation to determine the cause of injury and identify potentially liable parties. This involves reviewing all circumstances surrounding the incident, collecting evidence like photos and statements, and obtaining medical records.

If liability appears present, our child injury lawyer will build the legal case. We will analyze the applicable law, draft and file the proper legal pleadings in court, issue subpoenas to gather further documentation as needed, and work with experts to assess defects and standards violations.

Reaching a Fair Settlement For Your Child’s Injury

If settlement negotiations are necessary, we’ll use our 40 years of knowledge and negotiation skills to achieve the strongest possible offer. If claims cannot be resolved prior to trial, we will present your child’s injury case in court.

Throughout the process, Viles & Beckman serves as the voice for the injured child, pursuing their rights and best interests. We guide clients through legal procedures and help families understand options and documentation requirements.

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What Other Parties Could Be Liable For Your Child’s Injury?

In addition to our legal team taking on the product manufacturer for your child’s injury, we can also sue other entities in the supply and sale chain, which may bear partial responsibility as well if their reckless actions contributed to your child’s injury. We can hold the following parties liable:

Children Toy Distributors

Distributors play an important role in transporting toys from manufacturers to retailers. They are responsible for properly warehousing and delivering shipments. If a distributor fails to adequately inspect incoming toys for defects when receiving them from manufacturers, they risk distributing defective products downstream without detecting issues.

Their inspection responsibilities are meant to help ensure toy safety. By not reasonably checking for defects when transporting toys, a distributor could be found contributorily negligent if a defective product they handled later harms a child. Proper quality inspections are part of their duties in the supply chain.

Children Toy Sellers

Stores and online marketplaces selling toys directly to consumers must reasonably inspect products for safety defects before offering them for sale. Selling a toy without first examining its quality and confirming it meets all standards exposes the seller to potential liability.

By inspecting toys pre-sale with due care, sellers fulfill their duty of care to vet products for consumer safety. If defective products are sold to customers without inspection, the seller’s negligence in failing this duty could make them partly responsible for injuries a defect later causes. 

What Damages Can You Recover When You Sue the Toy Manufacturer?

When an injury to a child is caused by negligence or a defective product, pursuing legal action allows families to recover monetary damages intended to fairly compensate for the various impacts and costs associated with the harm. Some of the damages our child injury lawyers in Fort Myers can recover include:

• Medical bills: We will actively work to recover all costs charged by doctors, hospitals, pharmacies, and other providers for past and future medical care the child has received and will receive as a result of the incident.
• Lost earnings: If an injury leaves lasting physical or cognitive effects, it may actively reduce the child’s future abilities and earnings potential as an adult. We can help you recover this compensation.
• Pain and suffering: Financial damages cannot undo hardship, but an attorney will fight to recover funds that actively account for the physical and emotional burden the injury places on the child’s quality of life on a daily basis.
• Permanent effects: Compensation addresses limitations, disfigurements or functional deficits that will actively persist indefinitely as a result of the injury.
• Lifestyle impacts: If an injury actively prevents your child from the activities, hobbies, and experiences they enjoy, we can recover damages and make the child financially whole for lost enjoyment of life.

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How Long Do You Have To File a Product Liability Claim For Your Child’s Injury?

According to Florida Statute § 95.051(i), the statute of limitations can be tolled for up to seven years. This means that because your child is under 18, you have seven years to file a personal injury claim on their behalf. 

However, there is another exception that could apply to your child’s injury case called the “discovery rule.” If this applies, the statute of limitations doesn’t start until your child has discovered or should have logically known they suffered an injury. Determining which statute of limitations exception applies can be difficult, but our team of child injury attorneys in Fort Myers can help you.

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Learn More About Suing the Toy Manufacturer for a Child’s Injury

If your child was injured due to a defective toy, our team of Fort Myers child injury attorneys can help you and your child recover compensation for your losses. At Viles & Beckman, we can help you hold the toy manufacturer responsible for your child’s injury.

Contact us to learn about using the toy manufacturer for your child’s injury.

Call or text (239) 334-3933 or complete a Free Case Evaluation form