Understanding Product Liability in Child-Related Accidents

Defective products can cause injury in many ways. If a defective or dangerous product injured your child, however, you might understandably have questions about your legal rights. Keep reading to learn more. By familiarizing yourself with the concept of product liability as it applies to cases like yours, you can better understand how compensation may be available for medical bills and similar losses resulting from your child’s injuries.

Types of Defective Products Most Likely to be Involved in Child-Related Accidents

Certain types of defective products are more commonly involved in child accidents than others. Such products include:

• Toys
• Child sports equipment
• Nursery products
• Child sleep products, like sleep positioners
• Car seats
• Strollers

Various factors can influence the degree to which a product is or isn’t likely to injure a child. For example, toys and children’s sports equipment come in many varieties, some featuring complex parts or mechanics. Others may present as simple devices, but might also present significant hazards due to the nature of the activity or foreseeable uses. In fact, products generally, intended to be used in environments where children are expected, should properly take into account the potential for injuries to such children.

Just as there are many factors that can determine the likelihood of a product causing injury to a child, numerous factors can determine what specific types of injuries a defective product may cause a child to sustain.

Common injuries and health emergencies children may face due to defective products include:

• Choking, which may be particularly common when products with small pieces are dangerous or defective
• Strangulation, which can occur with products that feature cords or strings
• Burns, as more and more children’s products contain electrical components that may cause burns when they’re damaged or defective
• Cuts and lacerations, which could occur when pieces of children’s products break off, resulting in sharp edges
• Fractures, which children might be more likely to sustain when using defective sports equipment

Catastrophic injuries, sometimes causing death, might also occur, such as brain damage or paralysis.

It’s vital to adhere to all treatment recommendations after your child has been injured from a defective product. Keep copies of medical records too, as they may serve as documentation of losses for which compensation is available.

What to do With a Defective Product That Has Harmed Your Child

Your initial impulse may be to dispose of a dangerous product that has already resulted in injury to your child. If it already caused harm, you might understandably want to get rid of it in an attempt to protect your child from future injuries.

However, it’s important to understand that the product itself may serve as a valuable piece of evidence during the claims or lawsuit processes. Thus, the best course of action is to preserve the defective or dangerous product in the condition it was in when your child sustained injuries. Take pictures of it in this condition so you have documentation in case the product becomes lost, damaged, or otherwise altered.

What You Need to Know About Product Liability When a Child is Injured

You can seek compensation for medical bills and related losses resulting from injuries from a defective or dangerous product by filing a claim or lawsuit. In many types of injury cases, it’s necessary to show that another party was negligent in some capacity to demonstrate why you’re eligible for compensation.

That’s not necessarily the case when product liability is the basis of your claim or lawsuit. For example, in many states, like Massachusetts, you may have a viable breach of warranty claim, meaning that the manufacturer, designer, or other such party is liable when a defective and dangerous product causes injury – it’s not necessary to prove negligence in such circumstances.

Manufacturers and sellers of defective products may attempt to show you or your child were using a product incorrectly when it caused injury. For example, maybe your child was injured in an accident involving a seemingly dangerous car seat. The liable party could try to avoid responsibility by arguing that the seat was installed incorrectly. An experienced child product liability lawyer can effectively address such defenses.

The car seat example is just one of many pointing to the type of strategy an insurance company or liable party might employ when you seek compensation. The main point to understand is that the party responsible for compensating you may attempt to avoid doing so.

That’s one of many reasons to strongly consider enlisting the help of legal professionals when filing a defective product claim or lawsuit after your child was injured. At Swartz & Swartz, P.C., our Boston product liability attorneys are available to offer the representation you and your child deserve now. Learn more by contacting us online today or calling us at (617) 742-1900 for a free consultation.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.