Can I Collect Compensation for Injuries Caused by a Dangerous Toy?

Located in the northern part of Fulton County and incorporated in 2006, the city of Milton is home to many beautiful parks, hiking trails, summer camps, and youth sports teams. Although a relatively small town, a significant portion of the population is made up of families with young children. As the holidays approach, many of these children have begun to anticipate the gifts they will receive. Unfortunately, whether due to negligent manufacturing or careless inspections, some of these toys are dangerous and can cause serious injury. Treating these injuries, which could range from burns to lacerations can be prohibitively expensive, so if your child was injured by a dangerous toy, it is critical to contact an experienced personal injury attorney who can help you hold the responsible parties accountable.

Unsafe Toys

Over the past decade, toys with certain characteristics have proven to pose specific risks to young children, including:

  • Toys with sharp edges;
  • Toys that come with small detachable parts that could cause choking;
  • Riding toys, such as scooters;
  • Balloons, which when deflated can cause a child to suffocate; and
  • Toys with accessible batteries.

Toys with these features can and have caused the following types of injuries:

  • Dislocations;
  • Eye injuries;
  • Fractures;
  • Lacerations;
  • Punctures;
  • Minor to severe burns;
  • Strangulation; and
  • Suffocation.

Although some injuries are caused by improper use, others are the result of inherent design or manufacturing defects, in which case, the parent or guardian of an injured child may be able to collect damages from the responsible party. For instance, a toy manufacturer could be held liable for injuries caused by a failure to:

  • Appropriately test or inspect a toy;
  • Attach a label warning of unreasonable dangers;
  • Use nontoxic materials;
  • Use an appropriate design; or
  • Issue a timely recall notice.

If a plaintiff is able to establish that a party was negligent or breached an express or implied warranty, he or she may be able to obtain compensation for medical bills and pain and suffering. However, in order to be eligible for this compensation, the injured party’s parent or guardian must bring the claim within two years of the accident.

Precautionary Steps

Tragically, some injuries are unavoidable due to inherent defects in a product. However, there are some measures that a parent can take to help prevent toy-related accidents, including:

  • Avoiding purchasing toys with high-powered magnets;
  • Buying toys that are age-appropriate;
  • Carefully reading a toy’s instructions and/or warning label prior to purchase;
  • Ensuring that toys for older children are kept out of reach of younger siblings;
  • Making sure that toys have an American Society for Testing and Materials (ASTM) label before purchasing as this indicates that a product satisfies national safety standards; and
  • Requiring children to wear a helmet when using a riding toy.

Although taking these steps does not guarantee that children will not sustain a toy-related injury, these precautions can go a long way towards keeping them safe and giving parents peace of mind.

Contact The Angell Law Firm, LLC to Speak with an Experienced Fulton County Child Injury Lawyer

If you are a resident of Milton or live somewhere else in Fulton County and your child was recently injured by a dangerous toy, please contact The Angell Law Firm, LLC by calling (770) 217-4954. We will help you schedule a free case evaluation with a compassionate attorney who is well-versed in state law.