3 FAQs About Product Liability Claims Involving Toys

Although toy manufacturers have an obligation to produce toys that are reasonably safe, defects can arise that lead to serious injuries. Every year, defective toys and games are recalled due to safety risks, and in many cases, the danger is only discovered after several children have already been injured.

If someone in your family was hurt while playing with a defective toy, you may have grounds for a product liability claim. Read on to learn the answers to three frequently asked questions about these cases:

1. Can I File a Claim Even If the Toy in Question Had Been Recalled? 

From art supplies and electronics to sports gear and clothing, manufacturers recall all kinds of products designed specifically for children every single year. In 2018 alone, there were recalls for crayons, pottery wheels, bath toys, go-karts, and plush animals.

Although manufacturers have an obligation to inform customers of any potential hazards, most recalls are not widely publicized. Therefore, you may not necessarily know that one of your child’s toys has been pulled off the market unless you actively research possible defects.

Fortunately, you may still be able to file a product liability claim if someone in your family gets hurt while using a toy that has already been recalled. In other words, issuing a recall does not necessarily absolve the manufacturer of liability. Cases involving recalled products are inherently complicated, though, so it is wise to seek legal counsel if you want to sue. 

2. Who Could Be Liable for the Injuries Caused by a Defective Toy? 

It is reasonable to assume manufacturers are responsible for any injuries that their products cause; however, there are several other parties who may be liable, depending on the circumstances. Examples include:

• The original designer or engineering firm;
• The transportation company that distributed the product to stores;
• The marketer or package designer; and
• The retailer. 

Determining fault in a product liability case can be complicated and usually requires a thorough investigation. You will have to determine specifically how the defect occurred. This is where a personal injury attorney may be able to help. Your lawyer can review the facts of your case, look for other reports of injuries related to the same product, and if necessary, bring in a product specialist to assist with the investigation.