It’s about that time of year. People are gearing up for the holidays. They’re out buying gifts for their friends and family. And, there’s nobody more fun to buy for than children. They are infatuated with the different types of toys and ooh and aah at just about every new toy commercial they see on television. The problem is, it can get hard to tell which toys are safe and which one’s aren’t. If you have small children, it’s more important than ever that you pay attention to the warnings on kids’ toys and games.
Legally, if a toy presents a danger to a child below a certain age, they need to specify it on the packaging. Usually, you’ll see a warning that says something like “not recommended for kids under 8” or “choking hazard.” Usually, this is done because the company that makes the toys is afraid of getting sued. Or, they’ve been sued in the past and don’t want that to happen again.
It’s important that you heed these warnings. If you buy a toy that isn’t recommended for your child, you could lose your right to file a claim. Let’s presume that you buy a toy and your child chokes. They need an emergency tracheotomy to repair the damage. They end up losing the ability to talk. This will affect them and your family for the rest of your life.
The first thing you’ll want to do is hold the toy manufacturer accountable. But, the first thing they’ll say is, “we told you it was a choking hazard.” You may think that these types of toys shouldn’t be sold at all. However, as long as the toy company warns their consumers, they may be off the hook.
Does the Warning on These Types of Toys Affect Your Right to Sue?
When someone asks if a toy warning affects your right to sue, it can mean two things. No, it doesn’t remove your legal right to file suit. You can sue – you just may not get any damages. So, yes, the warning on the box affects the outcome of your lawsuit.
If a company makes it clear that a toy should not be used by a small child, then it’s your job to make sure your child doesn’t play with that toy. Now, if the warning is too small to see or not worded properly, the toy manufacturer may still be liable. However, that’s something your personal injury lawyer in Douglasville will have to prove.
Some of the more common types of toys or games that usually come with a warning include:
- Board games with small pieces or dice
- Dolls or toys whose hair or clothes can come off easily
- Any toy that includes a chemical (such as a science kit)
The reason these types of toys come with a warning is because personal injury lawyers have spent years making sure they come with a warning. They’d rather children not get hurt in the first place as opposed to suing toy companies.
What Kind of Damages Can You Demand?
If your child is injured by any toy this holiday season, you may be entitled to damages. Call and speak with a personal injury lawyer in Douglasville right away. They’ll review the case and see what kind of injuries your child suffered. They’ll also file a claim against the toy manufacturer.
Some of the damages you’ll be entitled to include:
- Medical bills and the costs for future medical care
- Lost wages for the parents who have to take care of their injured child
- Pain and suffering (this is the pain and suffering your child experienced)
- Any costs associated with the injury such as travel expenses to treatment, etc.
Your personal injury lawyer in Douglasville will fight to get your child as much money as possible.
Contact a Skilled Personal injury Lawyer in Douglasville Today
Nobody wants to think that their child could injured. And when you know that you bought the toy that harmed them, it can break your heart. It’s important to understand that these things happen. Product liability lawyers in Douglasville see it all the time. And their job is to get families, like yours, justice. They’ll also work tirelessly to get you the compensation your child is entitled to.
Don’t be afraid to call our office. It doesn’t cost anything to meet with a lawyer for the first time. You can ask any questions you have and listen to what they have to say.