Was Your Child Injured While Using A Toy? Knowing When You Have A Personal Injury Case
Any time a person is hurt due to the negligence or recklessness of another person, a personal injury lawsuit can be filed. When the injured person in your child, you may have the tendency to jump the gun and be ready to sue anyone and everyone even remotely involved. While it is true that a child is hurt while using a toy approximately every three minutes, not all of these injuries can be blamed on the toy. It can be difficult to prove that the way the toy was made is at fault. You are going to need a personal injury lawyer that specializes in product liability. Be prepared to answer questions or provide evidence about the toy, your child and the incident.
The Toy
Take the toy and any documentation it came with to the lawyer. If possible, bring the sales receipt to show when it was bought, too. Make sure to bring all parts of the toy, especially any pieces that may have broken off and caused the injury. If a part was swallowed and needed to be removed in the emergency room, make sure you ask for the part before leaving the hospital.
Your Child
The lawyer is going to want to meet with your child. He or she will need to see how the child plays with the toy. If there is an age range for safe use of the toy listed and your child is younger than the lowest age, you may not have a case, because you were clearly warned that it was intended for older children.
The Incident
Your child will need to explain exactly what happened when the injury occurred. If he or she is too young, you will need to explain it to the lawyer. If you cannot, because you were not present, the person who was there with the child will need to detail what happened. When a child is too young to talk, and there was no one watching the child, it is difficult to prove the toy was defective. The manufacturer's lawyer will try to place blame on you for not supervising such a young child.
Having a child injury situation can be scary and emotionally charged. However, sometimes it was just an accident that no one could have foreseen, and sometimes the fault lies with the child. Before starting any legal process or suing anyone, consult with an experienced lawyer like Leen and Emery. He or she will tell you if and how you should proceed.
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