Who’s Liable: Defective Toys
Parents often take great pains to research and find toys that are safe and age appropriate for their children. Unfortunately, all the research and care in the world may not prevent every injury caused by a defective toy. When your child is harmed by a defective toy, you need to talk to a San Diego product liability lawyer to determine who may be liable for your child’s injuries. A few of the potential parties to this type of case are outlined below.
Manufacturers and Designers
The manufacturer and the designer are often one in the same, but not always. Sometimes toy companies will contract with a designer or a manufacturer to create a toy. Some companies choose to design the toy themselves and then outsource the manufacturing process to someone else, who may be overseas.
In some cases, individual defective parts of the toy may have caused the injury. Those parts are sometimes also produced by another company and then assembled by the manufacturer. In those situations, you will also want to involve the parts manufacturer or creator in the lawsuit.
There’s no limit on the number of people or entities that you can list in your product liability claim. If there are several companies or people that played a role in the creation of the toy, it is a good idea to name everyone. You can always dismiss some of the parties down the road if you find out that they did not actually create the specific part that caused harm to your child.
Retailers
Retailers are at the end of the supply chain. They are often the last business that touches the product before it comes into your hands, but not always. Retailers have a legal responsibility not to sell defective products. That means that if a product was flawed when it was on a retailer’s shelf, they could be just as liable as the manufacturer or designer.
Although most product liability cases involve someone that buys a product directly from a retailer, that does not have to be the case. In fact, you do not have to buy the product at all to have a valid claim for a defective toy. For example, if your child was playing with a friend’s toy when he or she was injured, you might still be able to collect damages for your child’s injury. In addition, your child doesn’t even have to be using the toy at the time of the injury. If another child nearby is using the toy and, for example, a piece flies off and hits your child, you can still have a product defect claim. Defective product claims can also apply to situations where you bought the product “as is” from someone else as well.
Other Potential Defendants
Anyone in the chain of distributions could be liable for your child’s injuries. This includes other companies or people such as wholesalers or distributors as well.
Defective toy cases can be challenging because they often involve large companies that may not even operate in the United States. You need an attorney who has experience in these unique cases. Contact the experienced San Diego Product Liability Lawyers at Deldar Legal today if your child has been injured by a defective product. We are here to help.
Posted in: Product Liability