Parents spend their every waking moment trying to care for and protect their children. However, at times the products that are supposed to be safe, tested and ready for your children to use fails in some way that causes your child harm.
This is simply not ok. Whether through direct action or an indirect inaction, the people responsible for keeping your kids safe should answer for the part they play in the harm or danger caused to your children.
So is it time to get a children’s product liability attorney? Well lets examine the situations that would require such an individual.
Types of childrens product negligence
Negligence can come in many forms. Whether your child has been harmed or put in harms way, the entity who failed their duty of care can be brought to justice so that other kids do not suffer the same issue.
Warranty breach
If the product does not perform how it is supposed to as per the terms and conditions then the creator of the product can be held responsible. For example, a protective device that fails to protect.
Failure to warn
You may have seen stickers and warnings on many kids toys. This is because the manufacturers have a responsibility to warn the users of the possible dangers that that device can present. If they dont then they can be held accountable.
Faulty design
Some designs just dont work. If there a danger presented because of poor creative planning, then they are at fault.
Unknown defects
Sometimes, the defects within an item have been tested but have until now remained hidden or unknown to the creator of that product. Nevertheless if the danger is unreasonably high then they creator can still be found guilty.
Manufacturer defects
Its not always the creators fault when things break, do not work or have other hindrances. Sometimes the design is great but those who put the item together did so without the proper care and concern. When this happens, its time to call your attorney.
Marketing defects
Lastly, the way a product is marketed can be deceptive or just plain wrong. Sometimes false claims can create additional dangers or existing dangers may be overlooked in the way that it is presented to the public.
In all of these situations, you may have need of a children’s product liablity attorney. However, if your not sure, why not just contact one anyway and ask them what they think. They will surely be able to give you some insights on the matter.
