In order to recover damages for your child’s injuries, your personal injury attorney in Carrollton needs to confirm that you have a case. If your claim isn’t valid, or if you have missed the statute of limitations period, you may not be entitled to any damages. The best way to figure this out is to sit down with a skilled attorney and let them thoroughly review your case.
If you do have a valid claim, it could be three (3) different kinds of claims. When it comes to a dangerous toy, your case falls under something called product liability. These cases are divided into three categories:
- Manufacturing defect – The company that made the toy did something wrong. Perhaps they didn’t package the toy properly. Or maybe they included parts that weren’t intended to be included with the toy.
- Design Defect – The toy may have been made perfectly. But if the design was defective, your child can still be injured.
- Failure to warn – As mentioned earlier, some toys are only meant for kids over a certain age. If the manufacturer didn’t put a clear liable on the toy, they may be held responsible.
Every case is different. There’s no way to know for sure what type of case you have until you talk to a personal injury attorney in Carrollton.
Who Should You File Suit Against?
If your son or daughter are injured while playing with one of their toys, it may seem clear that one party is at fault. After all, the company that made the toy should be held responsible, right? Unfortunately, the answer isn’t always easy. Your personal injury attorney in Carrollton will need to review your case in order to determine who was at fault.
Yes, it may be the toy’s manufacturer. However, it could be any number of other people. For example, you may need to pursue the retailer – the store where you purchased the toy. They may have sold the toy without its original packaging. If this is the case, you may never have seen the age restrictions on the toy.
You may also have to pursue the company that distributed the toy. For example, imagine that you bought your son a science experiment kit. The company that transported the toys from the manufacturer to the retailer may have spilled a poisonous or dangerous chemical on the box. Your child is then sick after touching or licking the box. In a situation like this, it’s not always clear who should be held responsible.
The good news is that your personal injury attorney in Carrollton knows exactly how to figure this out. They’ll make sure all the responsible parties are named in your initial complaint.
Schedule Your Free, Initial Consultation with a Personal Injury Attorney in Carrollton
Now that the holidays are behind us, the credit card statements start flowing in. You’re suddenly reminded of just how many new toys you got your kids as gifts. Product liability attorneys in Carrollton understand that you wanted to spoil your children, especially after the kind of year they had in 2020. However, when one of their new toys ends up hurting them, you’re left feeling scared and angry. If this happens, one of the first things you should do is call and schedule your free consultation with a seasoned personal injury attorney in Carrollton.
The companies that make and see children’s toys have a responsibility. They need to make sure the toys they put on the market are safe for kids to play with. If their toys aren’t meant for small children, they have a duty to put a very clear label on the toy saying as much. The last thing you should have to worry about is one of your kids choking or cutting themselves on a new toy.
The good news is that your personal injury attorney in Carrollton can help. They’ll pursue the manufacturer or distributor of the toys to make sure your family gets justice. If you’re entitled to compensation, they’ll fight to get you every dime. In order to make this happen, of course, you need to call and set up your initial meeting. You can conduct this meeting right over the phone or online if you wish. Reach out and speak to one of our friendly staff members so you can pick a date and time that works for you.
