blog home Defective Products What if Your Kid was Injured by a Toy that Displays the Wrong Age Range?

What if Your Kid was Injured by a Toy that Displays the Wrong Age Range?

By Butler Prather LLP on June 12, 2018

Children’s toys should be just that – suitable for children. All parents know that what’s appropriate for one child might not be good for another child. Age and play behaviors can determine what type of toys are safe for a child. It is a toy manufacturer’s legal duty to ensure its products display the proper age range for the safety of consumers. Failure to do so is a marketing product defect that can make a toy unreasonably dangerous for kids. Parents of children injured this way have the right to file claims against manufacturers in these situations. So what should you do in this situation? Just follow these important steps:

#1.  Go to the Hospital

First, take care of your child’s physical wellbeing. Go to the hospital right away after your child sustains any type of injury while playing with a toy. Common toy-related injuries when the toy is for a different age range include choking, suffocation, and strangulation. Projectile-related injuries can also occur, such as injuries to the eyes. Get medical attention at the first sign of something wrong. Document the name of the health care provider, your child’s diagnosis, the physician’s treatment plan, and medical bills.

#2. Build Your Case

If a toy injures your child, know that you likely have grounds for a product liability claim in Georgia. You do not need proof of the manufacturer’s negligence to have a claim. You must simply show the item contained a defect, and that this defect caused your child’s injuries. Incorrectly displaying suitable age range is an example of a product defect. Start building your case from day one, performing the following tasks if possible:

  • Keep the toy that caused the injury, as well as all its packaging.
  • Write down where you purchased the toy and when.
  • Describe what happened in as much detail as you can.
  • Take photographs of the toy and your child’s injuries.
  • Gather documents such as incident reports and medical records.
  • Talk to anyone who witnessed the incident.
  • Find out if the manufacturer has issued any warnings or recalls.

Put all documents and information relating to your child’s accident in an organized folder. Then, contact an attorney. The more information you have, the better. These documents will be the foundation of your product liability claim. If you cannot do most or any of the above-mentioned tasks, don’t worry. A good product liability lawyer can build your case and collect evidence for you.

#3. Know Your Rights

Georgia’s product liability laws state that a manufacturer or product seller will be liable for a consumer’s damages if the item that caused the damages was defective. A manufacturer might also be liable if it was negligent in some way that caused or contributed to the consumer’s injuries. Failure to warn consumers of the possible, foreseeable damages of a toy is an example of a product defect.

Toy creators have strict age determination guidelines from the U.S. Consumer Product Safety Commission. These guidelines state appropriate ages for different types of toys, as well as what toys may not have if they are for children of a certain age. For example, regulations ban toys with small parts for children under the age of three. Breaking these guidelines could result in toys that pose risks to children, such as choking hazards.

Exercising your rights as a consumer and a parent and holding the toymaker liable for your child’s injuries could result in compensation. A successful settlement or trial could reimburse you for you and your child’s losses such as medical bills, pain and suffering, and property damage. You have two years from the date of injury, however, to file your claim (four years if it’s for property damage only). The sooner you contact a lawyer about a defective toy and related child injuries, the better.

If your child was injured by a toy or product and you suspect that product was incorrectly labeled for your kid’s age, contact the experienced Atlanta product liability attorneys today about your case! They will be able to conduct the investigation and seek compensation for you for pain & suffering. Contact them today! (404) 321-1700

Posted in: Defective Products

I was in a complex premises liability case involving a multinational corporations. Mr. Butler & his associates were always three steps ahead of these defendants. When they say they are "exceptional trial lawyers," this is not just a slogan but it is a way of life.”
- Zack Hendon