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Product Liability: Defective Toys & Wrongful Death

Jan 6, 2023 | Los Angeles Information

Product liability is a common cause of wrongful death. The loss of a child can be a tragedy beyond comprehension for the parents who must go through it. Toys for kids are a constant source of damage and health concerns. The carelessness of toy producers, distributors, and retailers results in kids’ injuries every year.

No matter how old your child is, an accident brought on by a hazardous or defective toy can have long-lasting effects. According to a child psychologist, such an encounter may negatively affect a youngster’s behavior and associations with various things and situations.

What Injuries Can A Kid Suffer From Defective Toys?

Among the injuries brought on by product liability are:

What Are The Safety Standards For Children’s Products And Toys?

Kids regularly throw toys, stuff them in their mouths, and mistreat them in general. Because of this, toy producers and merchants need to handle children’s toys carefully.

Unfortunately, businesses produce dangerous toys all too frequently, which can lead to lead paint exposure and choking concerns. Then they fail to give parents enough caution. Children may consequently sustain critical injuries or possibly pass away.

Product Liability the Reason of Wrongful Death

In general, three types of flaws can result in a product liability claim:

  • Defects in product design. Mass product recalls of defective products can occasionally result from design flaws.
  • Manufacturing defects are mistakes during the assembly or production of a particular product. An error in manufacturing suggests that other items with the same design did not cause malfunction.
  • Marketing defects are those that occur from a user not receiving adequate instructions on how to use a product safely, which causes a fatal accident.

How To Determine Whether The Product Is Defective Or Not?

  • Compliance With Safety Testing Guidelines And Procedures

Toy designers and producers must abide by industry guidelines while creating new toys. These parties may be held accountable for injuries caused when they fall short of acceptable standards.

  • Defective History of the Business or Product Line

Allegations of present flaws may be supported by documentation of past defects and injuries. This data can also demonstrate that the manufacturer was aware of potential issues and risks.

  • Age-Appropriate Recommendations

Age recommendations help consumers to determine when they should use them. When buying toys for their children, parents rely on these rules. Improper categorization can put younger children at risk. Types of paints and chemicals used in manufacturing Younger kids, in particular, frequently put items in their mouths.

  • Adequate Instructions and Warnings

Toys come with warning labels, instructions, and age designations to help parents. When these guidelines are insufficient, kids could damage themselves by using the toy in an unsafe way.

  • Easily Disassembled Toys

Some toys that are simple to disassemble can be hazardous. The toy’s little bits pose a risk of choking. Electric burns or shocks can also result from small electronic components.

Who Can Be Liable for a Wrongful Death Caused by a Defective Toy?

A toy may have a flaw at any point during its development, production, or marketing. Anyone involved in the supply chain could potentially be held accountable if a child is killed in an accident brought on by a defective product, including:

  • The product’s creator
  • The company that makes any component of the product, such as the brakes on a car,
  • The one who put the item together The wholesaler
  • The store where the consumer actually purchased the good

Financial Compensation for a Wrongful Death

Our wrongful death lawyers at KAASS LAW are devoted to ensuring that you get the compensation you deserve. You might be entitled to compensation for the following damages if you file a claim with our legal firm:

  • Future and Past Medical Expenses
  • Lost Salary
  • Loss of Potential Future Wages
  • Distress and Suffering
  • Emotional distress (such as PTSD, depression, and anxiety)
  • Punitive Damages

Contact KAASS LAW Experienced Wrongful Death Attorneys Today!

Helping our clients acquire the financial means required to pay for medical care and rehabilitation services is a top concern for our lawyers. Through conversations with your child’s doctor or other medical experts, we will learn about your child’s medical requirements and pursue financial compensation for all additional economic and noneconomic damages in addition to medical costs. Call us now at 310-933-5171 and visit our website for other practices.