For a Las Vegas personal injury lawyer, the beginning of the year is not as joyous as everyone hopes it will be. It is usually the time when many parents come for a free case review because their child was injured by unsafe toys. This happens because all kids receive lots of toys as Christmas presents.
Unfortunately, as any product liability lawyer in Las Vegas knows, toys are not always only innocent fun and happy games. In many cases, young and very young children suffer severe injuries and trauma that will last a lifetime due to unsafe toys. And it is our duty to help their parents fight for justice and show greedy companies that they cannot continue to market products that do not meet the accepted safety standards.
How Serious Are Injuries Caused by Unsafe Toys?
The statistical data for 2021 published by the Consumer Product Safety Commission read like a horror story. As many as 206,400 children under 14 years old suffered injuries due to unsafe toys. Between 2019 and 2021, 30 kids lost their lives in toy-related accidents.
The most common injuries these children suffered are:
- Contusions and abrasions
- Internal injury
- Foreign body ingestion
- Strains and sprains.
Many of these accidents were caused by unsafe toys with defects that put children’s lives in danger. A Las Vegas product liability lawyer will make sure that you can protect your child’s rights and fight to win the maximum compensation your family deserves – including punitive damages, if necessary.
We believe that no business should put profits above their clients’ safety – especially when their target customers are young and vulnerable children. For this reason, we use our entire experience and knowledge of the law to get the best possible results in such serious cases.
What Is the Legal Principle Covering Injuries Caused by Unsafe Toys?
These types of injuries are covered by the tort law called “product liability.” As any product liability lawyer in Las Vegas will explain to you this is a type of personal injury case where the plaintiff does not have to demonstrate the negligent party’s duty of care.
Any company that sells products to consumers has an implicit duty to ensure that products are safe. According to Nevada Revised Statutes 695E.090, product liability for any injuries, death or economic damages caused by defective products (including unsafe toys) refer to:
- Lease or sale.
However, it does not cover the person who owns the defective product causing the injuries. Thus, if your child suffered injuries while playing with one of their friend’s toys, you cannot sue the friend’s parents – even if the accident happened at their home. They are not responsible for the way the product was designed, manufactured, packaged, and sold.
How a Las Vegas Personal Injury Lawyer Proves Liability in Such a Case
While there is no need to prove a duty of care, a Las Vegas personal injury lawyer still needs to prove that:
- The product had a defect making it unsafe for use
- Your child suffered injuries as a result of playing with the unsafe toys
- These injuries resulted in economic damages.
There are three main types of defects a Nevada personal injury lawyer can prove.
1. Design Defects
Unsafe toys can have serious flaws from the moment they were created as a theoretical concept. A real-life example is the recall of the Helix Pool Slides for home use manufactured by S. R. Smith in 2017. These slides were designed with short walls which could have caused a child to fall sideways before reaching the pool water. The recall came after 16 reports of incidents, including the case of a 4-year-old girl who suffered a concussion.
2. Manufacturing Defects
An unsafe toy may have a flawless design, but the materials used to make them may not meet the required quality grade or there may be an error in the production and/or assembly process. A few instances of manufacturing defects include:
- Using the wrong type of screw to attach parts
- Attaching two or more parts incorrectly
- Damage to a critical component during the manufacturing or assembly process.
An example of this type of defect is the inflatable baby float produced by Acqua Leisure Industries, which was recalled because the leg straps tended to tear. Unfortunately, 60 babies died before the CSPC recalled the respective product.
3. Failure to Warn
Finally, unsafe toys can cause injuries because parents do not receive sufficient warnings on the labeling and packaging with regard to:
- Age restrictions
- Potential hazards – for example, the risk of choking if the child puts the toy in their mouth
- Cleaning and maintenance instructions – some toys may get damaged and pose a danger if they are washed/cleaned in a specific manner or using specific detergents.
No one can expect companies to individually list all types of conceivable dangers. But, as any Las Vegas personal injury lawyer will point out, they can reasonably anticipate specific risks – such as the fact that a small child would put a plushy toy in their mouth and choke. Such reasonably anticipated hazards should be included on the product packaging and/or label.
Types of Legal Actions You Can Take Against Negligent Companies
Product liability cases usually follow one of the following three paths:
- An individual personal injury lawsuit
- A class action lawsuit
- A mass tort lawsuit.
In most cases, an experienced Las Vegas personal injury lawyer will find out if the same unsafe toys caused other injuries, resulting in lawsuits. In this case, all the plaintiffs will file a collective lawsuit against the manufacturer or distributor of the respective toys. In a class action lawsuit, each plaintiff gets a split settlement out of the total amount of damages awarded by the jury.
In a mass tort lawsuit, each plaintiff is treated individually when it comes to determining the compensatory amounts for economic and non-economic damages.
Discuss Your Options With an Experienced Las Vegas Product Liability Lawyer!
Christian Morris Trial Attorneys law firm stands for excellence and dedication in everything we do. We are always the champions for injured parties – especially when they are young and vulnerable children. Once we accepted your case, we will work on a contingency fee basis and never stop until we win the maximum compensation you deserve.