Awareness of a products liability should be paramount when purchasing children’s products since accidents do happen. Even the most cautious shoppers can be faced with liability claims hence it is advisable to have a liability attorney on the standby. Notably, children are even more prone to injuries, especially when using toys, clothing, and other baby products.
Trying as parents to keep our children safe is a hard thing to do. Also, it is hard to delegate the job to someone else due to trust issues since only a parent knows the pain of a child. As such, when parents decide to choose products for their children, they put their trust in certain products, choosing carefully to avoid falling for defective ones.
If your child has been injured due to a defective product in California, call Johnson Attorneys Group at 1 (800) 208-3538 today!
Types of Risks Posed by Child & Infant Products
Currently, baby products are being recalled at a high rate, which is a very worrying trend. Most of these products have caused serious injuries, some even being fatal. For instance, the cribs used by children on a daily basis can have jagged parts which may bruise or cut the child. Also, moving parts may pinch or snip off a child’s fingers. There is also a risk of strangulation and asphyxiation. Evidently, the larger and mobile products like bicycles pose the highest amount of liability risks.
Types of Defective Child & Infant Products:
- Car seats
- High Chairs
- Toys
- Cribs, Toddler beds, and mattresses
- Playpens
- Bottle warmers/ sanitizers
Who is Responsible?
The good news, however, is that the companies that manufacture children’s products are required to strictly follow the policies and guidelines put in place by the Consumer Product Safety Commission. For any new product that comes in the market, its fatality risk is investigated by this commission, and the necessary voluntary recalls are recommended. However, the commission is at liberty to sue the company and force it to recall its products.
Other Causes of Accidents
Inadequate warnings, defective design, and such other manufacturing mistakes are some of the leading causes of dangerous and fatal accidents every year. In 2009, for instance, CPSC estimated over 200,000 cases of toy-related accidents and injuries. By 2013, the number was at about 256,700 cases which is a drastic rise.
Notably, warnings and labels of risks linked to the use of children’s products should be provided by law, and if any part is defective in either design or function and leads to an accident, then the manufacturers should be held responsible. Our California products liability lawyer at Johnson Attorneys Group can expertly wade through the complex liability claim lawsuits when seeking a compensation. A case can also be leveled against a negligent retailer or supplier.
What Constitutes Negligence?
- Duty of reasonable care is imposed on all products which place others at a risk of harm. A manufacturer is under a duty to protect and adequately warn consumers of any risk or danger that might arise from use or proximity to the product.
- Breach of duty is the unreasonable conduct in the presence of foreseeable risk. Children under a certain age are not liable to intelligence. Some statutes are put in place to protect or govern a certain class of people, children in our case, and statutory violation creates the presumption of a breach.
- Causation means that the actions of one party affect the other. Substantial negligence from toy manufacturers may result in the production of small detachable toy parts that may cause hazards to your child. Sometimes the liability might be shared between several entities if they all contribute to the risks of negligence.
However, after such injuries, you will need to look for a way forward. In California, our injury lawyer will find you a doctor and an avenue for financial requital. Interestingly, the will not charge you legal fee before solving the case.
Solving Liability Claims
To get compensated, though, you might have to attend several legal hearings. Luckily, most of the law firms have insurance firms which will help you save your money and protect your image. They usually ensure that you get a reasonable compensation for your liability claim.
Also, our experienced lawyer has the diligence, intelligence, and resources to help show and prove how and why the accident happened. We are experienced in all sorts of accidents and have recovered over $50 million for our clients in the past few years.
Johnson Attorneys Group Can Help with Defective Child Product Lawsuits in California
While financial compensation is not supposed to erase the injured child’s suffering, our dedicated attorney will make sure you get the best medical services, rehabilitative programs, and adaptive therapies for your child.
