Ideally, you shouldn't have a problem pursuing an injury claim if your kid is injured by a defective toy. After all, it's a "typical" product liability claim. Unfortunately, the following four things make such a case nothing but typical:
Actual Injuries, Not Just Scares
The first thing you should know is that you won't be compensated just because your kid got nearly injured; only actual injuries matter. Therefore, if your toddler nearly choked on a button or nearly strangled themselves on ropes, pursuing a defective toy claim might be worth it. Even if you pursue the claim, the associated damages may be so limited that they might not even pay for the cost of the lawsuit. The best way to prove that your child got injured by a toy is to get their medical records or testimony from the doctor.
Toy Was Being Used As Directed
You will also need to prove that the child was using the toy as directed, especially if the directions for use were clearly visible on the toy's packaging. For example, if a toy is not meant to be used in the swimming pool or rain, and your kid got injured by it while playing in the rain, then you may not get compensated for the injuries. It is up to you to assess whether your kid was using the toy as directed because the defendant will surely bring it back.
The Child Is the Right Age for the Toy
Toys are designed for specific age ranges in mind. For example, younger kids are more likely to choke on small toys or suffocate on plastic bags. Therefore, don't instigate a defective toy claim before tracing its age recommendation and confirming that your kid fits within the specified age range.
Recalls Don't Constitute Automatic Liability
Lastly, you should also know that you don't automatically have a case just because the toy in question has been recalled. You still need to prove that the specific toy that your child was using was defective and caused the child an actual injury. In fact, in some cases, you may not even be allowed to use the recall as evidence in court because some jurisdictions believe doing so would create jury bias.
As you can see, it's it not easy to navigate a toy injury claim. There are lots of things that you might take for granted but will be legally required during the lawsuit or claim. Consult a product liability lawyer today, such as the Law Offices of Michael Dye, to help you navigate the process.