Denver Child Product Liability Attorneys
Children’s toys should never hurt them.
Items designed to be used by children deserve our scrutiny. They require the highest standards from designers and manufacturers, distributors and sellers. But that is rarely the case, as much as we wish it were. Over the years, tens of thousands of different products sold in the United States have maimed or killed children.
When a child is harmed by an unsafe product, our firm spares no effort to ensure those responsible are held accountable for their actions.
It's easy to feel powerless when a product has harmed your child, especially if that product is made by a huge corporation. But you can take action. When you file a claim, not only do you help your own child, but you take a step to prevent similar harm to other children. If your child was harmed by a product designed for children, please call the premier trial lawyers at Leventhal Puga Braley P.C. at (303) 759-9945 or toll-free at (877) 433-3906 for a no-cost consultation.
Product liability is a field of civil law that deals with products that are manufactured and sold to people, which then turn out to be unsafe. It is a complicated aspect of the American legal system that allows us to hold companies responsible for the quality and safety of the items they produce. Few aspects of product liability are as important as child safety, since protecting children is our greatest responsibility as a society.
When it comes to product liability cases, there are three categories that almost every defect falls into. The first is design. Before a product is produced, companies test different designs. These tests should be focused on safety, and whether or not the product can be used without causing injury. Sometimes, the safety aspect is ignored in favor of playability or popularity. A toy that is popular with children is not automatically safe, and if the design is defective, then that toy can cause serious damage.
The second is manufacturing. Once a product design has been finalized, it is then sent to factories to be mass-manufactured. Quality control must be implemented to make sure every product made is up to proper safety standards. When this control is ignored or left out, then the factory could create subpar products that are potentially dangerous to the children using them.
Finally, there is marketing. After a product has been designed and approved, it is up to a marketing team to put together the labeling of the product, including warnings, and the advertisements used to market the product to consumers. If a product is mislabeled, does not include necessary warnings, or the advertisements are misleading, then children can hurt themselves while using the product. Proper marketing is key in making sure that products are safe for use.
Unfortunately, almost anything that you can purchase might turn out to be harmful. While decades of successful legal action against irresponsible manufacturers have resulted in safer products overall, and items are now clearly labeled, companies still produce items meant for children that turn out to be harmful. Children are fragile, so it is important to hold those manufacturers accountable for what they do.
Some products you will find on the U.S. Consumer Product Safety Commission’s recall list:
- Board games
- Phones and tablets
- Playground equipment
Of course, this list is not exhaustive. Countless products could cause your child harm. While you expect companies to take the risk of injury seriously, very few do. To them, the cost of a few lawsuits may be cheaper than a recall. If your child has been seriously injured by a defective product, then you should make them regret that decision. You have the right to demand compensation to ensure your child gets the medical help they need and deserve.
Products meant for children must be properly designed, made, and labeled. Otherwise, these products can cause disastrous or even deadly injuries. In our experience as Denver product liability attorneys, here’s how items geared towards children can injure them:
- Toxic Substances: While lead-based paint and asbestos are banned in the manufacture of most products here in the U.S., manufacturing overseas does not always follow such regulations. Exposure to these substances can cause organ failure, cancer, or brain damage.
- Wrong Size: Clothes that are too small or too large can be dangerous, especially for infants. They must be marketed accurately. Products like car seats and similar items should also be properly labeled for the size of the child they are designed for.
- Dangerous Materials: Even non-toxic materials used in manufacturing can turn out to be dangerous. Clothes made from materials that don’t meet the CPSC’s requirements for flammability can prove catastrophic if a spark breaks out.
- Product Defects: Manufacturers are responsible for testing their goods before selling them to us. Defective products can collapse, break apart, and fail in ways that prove harmful to a child using them.
- Wrong Age Range: Items for children must be clearly marked for the age range that they are intended for. This ensures that younger children can use them safely. When not properly labeled, small parts that are choking hazards can be given to children who should otherwise be kept away from them.
Proving that a multi-million dollar manufacturer was negligent is no small task. You have to prove that your child indeed suffered injury due to a product’s defect in design, manufacture, or failure to warn about an inherent hazard; also, that the product was being used as intended when it harmed your child. These corporations have dozens of lawyers on staff to argue that what happened was your fault in some way, or make you go away with a small settlement. Do not accept that.
Children are much smaller than adults. Something that would pose no threat to an adult, such as a fall, could be devastating for an infant. Companies that make products for children must be particularly careful to ensure all of their products are as safe as possible. If they do not do so, there can be dire consequences, and some of the most common include:
- Chemical and thermal burns
- Broken bones
- Deep lacerations
- Brain damage
- Internal bleeding
- Spinal cord injuries
- Organ damage
- Deep bruising and contusions
- Loss of limb
While some injuries may heal with time, others could impact your child for life. Brain damage can leave your child unable to walk, see, or speak. The loss of a limb can leave your child unable to play her favorite games or pursue her dream career. When your child is injured due to a defective product, it isn’t just momentary pain and discomfort: a childhood injury can have a severe impact on the adult life. That is precisely why finding the liable party and holding them responsible is so important.
After your child has been severely injured by a defective product, your first order of business is getting them medical care. However, you should quickly consider who may be at fault for your child’s injuries. Manufacturers have a responsibility to their consumers to provide safe products. These companies must be held responsible for their negligence. Generally, there are a few parties that are at fault for defective products. Those include:
- The design team
- The manufacturing company
- The marketing team
- The transportation company
- The distributing shop
- The delivery company
A defect can occur at any point along the product’s journey to your child’s hands. Whether it came from the design of the product, the manufacturing, or even during transport, someone is responsible. Finding the liable party often requires an investigation, with experts looking into all possibilities. Doing so on your own, especially while you look after your injured child, will be difficult, if not impossible. That is why you should work with an experienced attorney who can give you the help you need.
If your child suffered injury because of a product, take action. First, seek immediate medical attention for your child. You should also take pictures of the item that harmed your child and document the injuries or illness it caused.
Once you know that your child is safe, it's time to talk to an experienced personal injury lawyer in Denver. Call Leventhal Puga Braley P.C. at (303) 759-9945 or toll-free at (877) 433-3906. We’ll go over the situation with you and give you the advice you need in a free consultation. If we handle your case, rest assured that we will not stop until we have achieved justice for your child.