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While you likely recognize that there are unsafe products out there, it is far more difficult to accept when the defective product in question is a toy. Children are the most vulnerable among us, and when manufacturers put profits before the safety of children, it makes matters that much more difficult. If your child has been injured by an unsafe toy, don’t wait to consult with an experienced Florida unsafe toy attorney.
As a Parent
As a parent, you do everything you can to keep your children as safe as possible, which includes buying age-appropriate toys and supervising their use. When a toy proves unsafe anyway, it can leave you at a loss regarding how best to proceed. Because the damages your child suffers are serious and can be life-altering, seeking the compensation to which you are entitled is critical, and a dedicated unsafe toy attorney can help you with that.
Common Toy Defects
There are a variety of common defects that render toys dangerous, and that endanger children.
Toxic Paints and Materials
Children – especially young children – are prone to putting things in their mouths, and when the thing in question is a toy that incorporates toxic paint or another toxic material, it can prove exceptionally dangerous. Because children are much smaller than adults and because their systems are less mature, they are far more vulnerable to dangerous toxins in these forms.
Choking Hazards
Again, because children are prone to putting things in their mouths, they are far more susceptible to choking on small toy parts that are loose, that could be poorly attached, or that are meant to come off in the first place. This is all the more dangerous because, generally, children are more susceptible to choking than adults (due to their immature systems).
Entanglement
Far too many toys involve strings, straps, reins, webs, or fringes – including both toys and playground equipment – that can entangle children and pose a real danger.
Incorrect Age Classification
A toy that is safe for a 10-year-old can prove exceptionally dangerous for a two-year-old, and when manufacturers do not accurately notify consumers regarding age-appropriateness, it can prove disastrous.
Dangerous Costumes
Children love to dress up in wild costumes and allow their imaginations to carry them away. When the costume in question poses a choking or tripping hazard, however, it can make this innocent pastime dangerous.
Common Toy-Related Accidents
While every unsafe toy claim is unique to the circumstances involved, some of the most common types of toy-related accidents include:
- Tricycles that crash
- Balloons that lead to airway obstruction, choking, aspiration, or asphyxiation
- Marbles, small rubber balls, and toy plastic foods that are inviting to chew on but that can lead to choking and asphyxia
- Toys with sharp edges that cause lacerations
Protecting Your Child’s Health and the Unsafe Toy Claim
If your child has been injured by an unsafe toy, there are several steps that you can take to help protect his or her health and your unsafe toy claim (brought on his or her behalf).
First and Foremost
If your child has been injured by an unsafe toy, the most important step you can take is obtaining the medical attention that he or she needs as soon after the injury-causing accident as possible. Early medical intervention is very closely associated with improved health outcomes, which makes seeking early medical care paramount.
Consult with an Experienced Unsafe Toy Attorney
The next order of business is consulting with an experienced unsafe toy attorney as soon after the accident as you can. These claims are complicated, and because your child’s health and future are on the line, bringing your strongest claim is critical.
Following All Medical Advice
You should follow the medical advice and instructions provided to you by your child’s medical team as it is important to his or her recovery. But it is also important to the unsafe toy claim. The surest way to bolster your child’s health and well-being and to bolster your unsafe toy claim is by adhering closely to the medical instructions you receive. The insurance company will be looking for a way to discredit your claim – including calling the extent of your child’s damages into doubt – but by sticking closely to the doctor’s orders, you help to underscore the veracity of your claim.
Legal Damages
If your child is injured by an unsafe toy, it can have lasting effects that reverberate through your entire family, and the physical, financial, and emotional damages can prove overwhelming. The legal damages covered fall into several basic categories.
Medical Expenses
The medical expenses associated with a serious injury can stretch far into your child’s future and can include all the following:
- Emergency care
- Surgical care
- Ongoing and follow-up care
- Hospital stays
- Rehabilitation
- Physical therapy and occupational therapy
- Prescription medications
- Pain management
- Medical tests, treatments, and procedures
- Treatment and care from doctor’s, specialists, and other medical professionals
- Home healthcare
- Adaptive physical devices
Lost Earning Capacity
If your child’s injuries are serious and long-lasting, they may affect his or her ability to make a living and to reach his or her full earning capacity. When these losses are extended over the length of your child’s previously expected career, it can prove considerable.
Your Child’s Physical and Emotional Pain and Suffering
One of the most difficult aspects of unsafe toy claims is the pain and suffering your child is forced to endure, which is naturally exceptionally hard on you as a parent. Another aspect of these emotional damages includes your child’s loss of enjoyment in life.
Discuss Your Claim with an Experienced Florida Unsafe Toy Attorney Today
The dedicated unsafe toy attorneys at Iscoe Law Firm – in Miami, West Palm Beach, Palm Beach County, Fort Lauderdale, and Broward County – take great pride in their impressive track record of successfully defending the legal rights of clients like you. When your child’s safety is involved, it’s important, and that’s why we’re here to take your call 24 hours a day – 365 days a year. To learn more, please don’t wait to contact us online or call us at 800-800-6500 today.
