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How to Prove a Defective Toy Injured Your Child

Posted on March 17, 2024 in

Few things bring as much joy to a parent as seeing the sparkle in a child’s eyes when your daughter or son unwraps a new toy. Unfortunately, this joy can quickly take a turn if the seemingly harmless toy harbors hidden dangers or lacks needed warnings. When toys are defective and dangerous, they can lead to children getting hurt badly or, in some cases, even losing their lives.

At Jensen Phelan Law Firm, we know that your child’s well-being is non-negotiable. With over 65 years of combined experience, our team stands ready to advocate for you, drawing on our extensive skills. If your child has been harmed by a defective and dangerous toy, don’t hesitate to reach out. Your child and family deserve genuine justice, and we are here to fight for it.

Holding At-Fault Parties Responsible for Defective and Dangerous Toys

The nightmare scenario of a defective and dangerous toy causing harm to your precious little one is a stark reminder that not all playthings are created equal. This is especially true in today’s world where so many toys are manufactured in foreign countries lacking U.S. safety oversight by our government. Proving that a defective and dangerous toy is responsible for your child’s harm requires a strategic and thorough approach.

Building a compelling argument is paramount in finding justice for your child’s injuries. Here’s how it can be done:

Seek Immediate Medical Attention

First and foremost, make sure that your child receives prompt medical attention. Do not delay, it is bad for the child when some injuries are not immediately observable and is also bad later if you need to prove the damages claim. Medical records and expert opinions can play a pivotal role in linking the injuries to the defective and dangerous toy. Timely documentation strengthens the cause-and-effect relationship.

Preserve the Toy

Another important step in proving that a defective and dangerous toy caused harm is to preserve the actual toy or harmful object. Be sure to keep it out of reach of children but in the same condition it was in at the time of the incident (put it in a box or bag). This physical evidence can be crucial in determining the defect and establishing liability.

Retain the Packaging and Instructions

Keep the original packaging and especially any accompanying instructions for the toy. These materials may contain important information about intended use, age recommendations, and safety precautions. These guidelines could contribute to proving a defect.

Keep Proof of Purchase

Maintain records of the purchase, including receipts and any communication with the retailer. This documentation helps establish ownership and can be crucial in determining the timeline of when the toy entered the stream of commerce.

Document the Incident

Detailed documentation is key. Record the date, time, and location of the incident. Include any circumstances surrounding the use of the toy and note the injuries sustained by your child. This information will serve as a foundation for your case.

Collect Witness Statements

If there were witnesses to the incident, gather their written or audio-recorded statements. Their accounts can provide additional perspectives and strengthen your case. Be sure to include contact information for potential future testimony.

Save Medical Records

Keep all medical records related to your child’s injuries. This includes diagnosis, treatment plans, and prognosis. These documents will serve as valuable evidence in establishing the extent of harm caused by the defective and dangerous toy.

Consult an Attorney

An experienced child injury attorney can help you collect and preserve crucial evidence, guide you through the legal process, and present a compelling case to safeguard your rights and interests.

Was Your Child Harmed by a Defective and Dangerous Toy? Retain Qualified Legal Representation Today

Your child’s safety is our top priority, and we understand the urgency of addressing defective and dangerous toys that pose a threat to their safety. At Jensen Phelan Law Firm, our seasoned team is dedicated to fighting for justice on behalf of families like yours.

If your child has been harmed by a defective and dangerous toy, contact us today for a confidential consultation, and let us be the advocates your family deserves. Call (928) 778-2660 or reach out to us online for more information about how we can help.