As any parent knows, children will play with just about anything. If you leave a cardboard box in the living room, they will likely climb into it. If a knife is within reach, a child will probably play with that if not watched.
One of the main reasons that parents give their children plenty of toys is to help keep them from playing with dangerous objects. But what can you do as a parent if your child is hurt playing with dangerous kids' toys?
Assessing the Situation — Immediate Steps to Take After a Child Is Injured
The first thing you should do is not blame yourself. You have every reason to believe that kids' toys are safe for children of the appropriate age.
Dangerous kids' toys are an unfortunate reality, but no parent should ever blame themself for letting their kid play with something they believed to be safe. Succumbing to guilt won’t help your child. Instead, take these important steps.
Seek Medical Attention Immediately
Before you do anything else, look after the health of your child. While you should provide immediate first aid if you are able, you should also seek professional medical attention for anything but the most trivial of injuries.
While many injuries may seem relatively minor, the only way to be certain is to have a medical professional evaluate your child. Maybe this means you pay for an unnecessary medical evaluation. But that is preferable to not getting medical attention when your child needs it.
Document Everything and Preserve Evidence
Children get hurt for a lot of reasons. In the heat of the moment, you don’t have time to try to determine whether your child was hurt by dangerous kids' toys. That is the type of analysis you should let a product liability lawyer determine once your child is safe and on the road to recovery.
The best thing you can do at the moment is document everything and preserve evidence. Take pictures of your child’s injuries and the state of the toy. Carefully preserve all medical records and bills from doctors or hospitals.
Keep the Toy and Packaging as Evidence
Make sure you keep the toy itself, and assuming you can find it, preserve the packaging the toy came in. And if you can’t find it, try to get the information from that packaging from other sources.
Contact a Personal Injury Lawyer Immediately
The main reason to preserve evidence is to support a potential personal injury claim against the manufacturer of the defective product. Your lawyer will use this information to determine whether a defect in the product was responsible for the harm your child suffered and how much compensation you can get for that harm.
You need to act quickly for several reasons. First, there is a statute of limitations that limits how long you have to take legal action in Ohio. Second, medical bills are expensive. Your attorney wants to get you compensation as quickly as possible so your child receives the best medical care possible.
Report the Incident to Consumer Agencies
The U.S. government takes steps to prevent dangerous kids' toys from getting into the hands of children. When it becomes aware of a dangerous toy, it issues a recall. Recalled toys are listed on the Consumer Product Safety Commission (CPSC) website.
You should report a dangerous toy to the agency. While this won’t help your child, it may prevent other children from getting hurt. Your lawyer can help you report the product if you are having difficulty.
Understanding Your Legal Options and Rights as a Parent
Typically, when a defective product injures a person, they have the right to sue the manufacturer of that product. However, children are considered mentally incapable of filing a lawsuit. This doesn’t mean your child is out of luck.
As a parent, you have the right to act in the best interests of your child. This means you have the right to file a lawsuit on their behalf to get compensation for the costs resulting from their injuries.
FAQ
Can I Sue if a Product Has Been Recalled?
A recall protects the manufacturer from lawsuits, but only if the product user is aware of the recall or should have been aware. If you purchased the product with no knowledge it was unsafe and were not notified it was dangerous, you still retain the right to sue.
How Will I Be Notified if a Product Has Been Recalled?
When a product is recalled, the manufacturer must make every reasonable effort to notify consumers about the danger. This means they will contact distributors and retailers to prevent the product from being sold. They will also try to contact consumers.
Typically, notices are sent by mail, through phone calls, and even through email if possible. They are also posted on the CPSC website and may be announced in other ways.
How Much Is a Product Recall Claim Worth?
That depends on how badly your child was hurt. You can get compensation for all medical bills and therapy needed for your child to recover physically and emotionally. You may also receive non-economic damages, which should be placed in an account that your child can access when they become an adult.
Contact Our Cincinnati Injury Attorneys Immediately
If you have taken the steps above and reached the point where you should reach out to a lawyer, the attorneys at The Moore Law Firm are here to help. Contact our law firm immediately to schedule a free consultation with experienced product liability attorneys in Cincinnati.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.