Houston Defective or Dangerous Toys Lawyer
If your child sustained injuries due to a defective or dangerous toy, contact Bivona Law immediately to learn about the available options. You could file a product liability claim to hold the manufacturer liable for causing the defect.
As a parent, you want to protect your child from anything that can hurt them. That protection includes buying toys that meet the proper safety and quality standards. However, many toys work differently than expected despite the descriptions and instructions on the packaging. When a defective toy harms your child, you need an experienced legal team to help you pursue legal action.
Call Bivona Law at 832.835.6491 for a free consultation with our dedicated Houston defective or dangerous toys lawyer today. We can review your case and determine how we can help.
Common Types of Defects in Children’s Toys
Although toys and other products for kids are supposed to provide risk-free entertainment, some contain hidden dangers that make them unsuitable for children. The most common toy defects increasing the risk of injury include:
- Small, flimsy parts that break off and pose a choking hazard
- Faulty electrical wiring and components
- Surfaces containing toxic substances, such as lead-based paint
- Loose ropes or strings that can cause strangulation
- Hazardous packaging
- Confusing instructions on how to use the toy
- Warning labels missing information about the risks
- Battery-powered toys that can overheat
- Sharp edges and corners not trimmed properly to prevent cuts
- Unstable parts on products used for sitting, climbing, standing, or riding
- Incorrectly assembled toys
- Toys labeled as safe for specific age groups despite potential hazards
Common Injuries from Defective or Dangerous Toys
Depending on the type of defect, children’s toys can lead to a range of injuries, including:
- Cuts and bruises
- Vision or hearing loss
- Traumatic brain injury
- Burn injuries
- Toxic chemical exposure
- Broken bones
- Electrical shock
- Nerve damage
Who Can Be Held Liable for Your Child’s Injury?
Determining who is at fault for a defective or dangerous toy can be challenging. Multiple parties are involved in getting products onto shelves for consumers to buy. Anyone responsible for designing, manufacturing, marketing, or selling a defective toy can be liable.
The most common parties at fault for defective children’s toys include:
- Design team
- Parts or toy manufacturer
- Shipping company
- Distributor or retailer
Although sellers are sometimes responsible for supplying dangerous toys to the public, holding them liable can be an uphill battle. State law protects many sellers from the costs associated with product liability lawsuits, shifting primary liability to manufacturers.
According to Texas Civil Code § 82.003, sellers not involved in manufacturing a product aren’t liable for injuries unless the plaintiff proves:
- The seller had substantial control over the instruction or warning content accompanying the product, the instruction or warning wasn’t adequate, and the consumer’s injury resulted from the instruction or warning’s inadequacy;
- The product’s manufacturer isn’t subject to the court’s jurisdiction or is insolvent;
- The seller installed the product or had it installed on another product, and the injury is due to installing the product on an assembled product;
- The seller knew about the defect when they supplied the product, and the defect caused the user’s injury;
- The seller participated in designing the product;
- The seller expressly represented an aspect of the product as factual that the consumer depended on to obtain or use the product, and the consumer wouldn’t have been hurt if it weren’t for the misrepresented aspect of the product; or
- The seller modified or altered the product, leading to the consumer’s injury.
Pursuing compensation for injuries from products manufactured overseas might seem impossible. However, laws don’t protect sellers if the manufacturer is insolvent or not subject to the court’s jurisdiction. That means you can hold the seller liable for the defective toy even if they didn’t participate in any actions making them liable under state law as long as the manufacturer is out of reach.
Compensation for Defective or Dangerous Toys
Since minors can’t legally bring action against another party for product liability, a parent or legal guardian can file on their behalf. The money you receive in a claim or lawsuit might compensate for:
- Hospital stays, physical therapy, emergency room visits, and other medical expenses
- Your child’s pain and suffering
- Physical impairment or disfigurement
- Mental anguish your child endured from the incident
- Your child’s lost earning capacity if a permanent injury prevents them from seeking or maintaining employment as an adult
You might also recover exemplary damages in a lawsuit against the manufacturer or seller. You must show clear and convincing evidence of the defendant’s fraud, gross negligence, or malice to be awarded exemplary damages.
As a parent, you can decide how your child’s compensation will be distributed and managed. You can direct the funds into the court’s registry for your child to collect once they’re a legal adult.
Other options are to set up an annuity or a trust to hold the money until your child turns 18 and can legally access the account. Distributing the funds on a predetermined schedule is beneficial to prevent irresponsible spending. You can set up the annuity or trust so your child receives weekly or monthly payments, specific expenses, such as college tuition, or lump sums at various milestones in your child’s life.
Why You Should Hire Bivona Law
We use a hands-on approach with every case we take. We will complete every step, from filing the claim to protecting your child’s rights during court proceedings.
You can count on us to handle multiple tasks, such as:
- Finding treatment for your child at conveniently located facilities
- Directing medical providers to submit bills to the appropriate insurer
- Hiring experts, such as an accident reconstruction expert, to testify about the facts of the case
- Negotiating a settlement with the insurance company
- Preparing and submitting necessary documents during the claim or lawsuit
- Confirming balances of hospital liens and medical provider bills to negotiate a reduced amount
- Requesting copies of all medical records and other evidence to prove the injury
- Filing a lawsuit if necessary and managing every aspect of the process
Get Help with Your Child’s Case
A defective or dangerous toy increases your precious child’s risk of injury or death. Manufacturers often recall products when reports show a substantial risk of harm. You can advocate for your child and pursue a product liability case against the manufacturer, seller, or another negligent party.
Bivona Law is ready to represent your child and seek the compensation they deserve. If a defective toy harmed your son or daughter, call us at 832.835.6491 for a free consultation with our experienced Houston defective or dangerous toys lawyer now.