According to the nonprofit group Kids in Danger (KID), over 100 children’s product recalls occur each year. From dolls and toy cars to baby cups, manufacturers have recalled tens of millions of products after discovering their defects and faulty designs. In some cases, children were injured.
Whether it’s a sippy cup with mold or a small toy part that presents a choking hazard, a product defect compels one to ask who should be held accountable. Understanding the nature of manufacturing and design defects can help you protect your family against faulty products and seek compensation when your child gets hurt.
What Makes a Product Defective?
Many features and characteristics can make a product defective and even dangerous. A toy or product can be deemed faulty if it
- Does not function as intended or advertised
- Has a poor design, assembly, or construction
- Has parts containing toxic substances, such as lead
- Lacks the proper safety components
- Has warning labels that are missing or are difficult to see
Examples of injuries from defective toys or products include
- Choking hazard
- Risk of strangulation
- Drowning
- Toxic ingestion
- Slips, trips, or falls
- Cuts and other wounds
Product Liability: Who’s Responsible?
Fortunately, personal injury law in Cincinnati is on the side of consumers regarding faulty products. That’s because manufacturers have an obligation to ensure their products are safe for use or consumption.
When manufacturers create a defective product that ends up in a child’s hand, they can be sued in court. Furthermore, the product’s sellers and distributors can also be held liable.
However, consumers have the burden of proof when they take legal action against a manufacturer or seller. Injured parties must present solid evidence that the product is defective and was directly responsible for injury, illness, or wrongful death.
Proving liability can be relatively easy if there is a recall. However, substantiating a liability claim can be more challenging without one. In this case, plaintiffs must prove the following when bringing a defective product claim:
- There is a defect in the manufacture or design.
- The defect is dangerous, even when one uses the product as intended.
- The defect directly caused the injury.
- The toy or product was in the same condition after leaving the manufacturer.
In addition, your local injury claims lawyer can determine if your claim is based on a manufacturer defect, design defect, or a failure to warn about a hazard.
You Need a Trusted Legal Advocate on Your Side
If you bring a claim against a manufacturer or distributor, chances are they’ll have a team of attorneys on their side. The path ahead will be difficult without a Cincinnati personal injury lawyer to advocate for you and your child. The attorneys with Clements, Taylor, Butkovich & Cohen, LPA, Co., have extensive experience advocating for victims of faulty toys and other products. We’ll happily answer your questions and schedule an appointment if you contact us today.