Who is responsible for your child's toy-related injury?

Creative play is a vital part of your child's growth and development. As a parent, you likely provide safe, fun and educational toys for your child. Unfortunately, just because something is marketed for children does not mean it cannot hurt them.

But if one of your child's toys injures them, you probably wonder who's responsible. Depending on the specifics of your child's injuries, you may have grounds to hold the producers and retailers of a product responsible for any harm caused by the product.

Common injuries

Most parents recognize their children will get bumps and bruises while playing, regardless of the safety precautions taken. For example, a child may topple off a climber or lose their balance while riding a scooter.

However, if a toy isn't properly tested, breaks or comes with detachable pieces which aren't age-appropriate serious injuries could occur, such as:

  • Suffocation
  • Strangulation
  • Choking
  • Drowning
  • Toxin ingestion

Lacerations, or cuts, are also common toy-related injuries experienced by children.

Who you may be able to hold liable

When a dangerous or defective product hurts someone throughout the use of its intended purposes, multiple parties along the product's chain of distribution may be responsible. In some cases, this could include product defects or negligence of the:

  • Manufacturer of the product or its components
  • Product's wholesaler
  • Retail company who sold the product
  • Product assembler or installer

To a certain extent, you can protect your child from injuries. But if your child suffers due to a defective toy, you may be eligible to recover damages.

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