Unsafe Toys Can Lead To Product Liability Lawsuits
In the last years, toy safety has improved due to laws strengthening testing requirements; however, dangerous toys can still be found in stores. Unsafe toys pose a risk due to toxic substances, choking hazards, presence of magnets, and excessive noise.
Manufacturers of goods have a responsibility to the public.If an unsafe toy causes injuries you may sue based on product liability. Toys should be manufactured to be safe. They should not expose children to design or manufacturing defects. Manufacturers owe it to consumers to offer safe toys that cannot cause injuries or death.
Unfortunately, unsafe toys exist. Product liability laws state that manufacturers of bad or faulty toys can be held responsible for injuries occurred while playing with them. If the toy is found unsafe due to design or manufacturing issues, the manufacturer can receive severe penalties and will have to compensate the plaintiff.
Citing Strict Liability as a claimStrict Liability works under the assumption that the manufacturer knew of the fault or defect in the toy before it reached consumers. In these cases, the plaintiff is relieved of the demand to prove that injuries resulted directly from the manufacturer's negligence.
Strict liability can be claimed when the toy company manufactured a faulty or bad toy; the toy was defective upon purchase; the toy was defective upon sale by the manufacturer; the fault in the toy was to blame for injuries; and the injury resulted from a use of the toy that was reasonably foreseeable to the manufacturer.
Damages availableIf individuals are found liable for designing, manufacturing, or selling unsafe toys, the court can order compensatory and, sometimes, punitive damages to be awarded.
The court can award compensation to cover the cost of medical bills, future medical expenses reasonably expected, lost wages, and other financial losses, for example, the cost of hiring help for the household and transportation costs.
Pain and suffering compensation may be awarded by the court for mental and emotional suffering.
If the court should want to punish the defendants for manufacturing a very unsafe toy, punitive damages may be awarded to deter the defendant from continuing to manufacture or sell such toys.