Practice Areas Personal Injury Product Liability Defective Toys

Boca Raton Attorneys Helping Children Harmed by Dangerous Products

There are few things that delight a child as much as a new toy. While parents expect their children to be able to play with toys without being injured, many toys pose a risk of harm that is not apparent until it is too late. If your child suffered an injury or sustained an illness due to a defective toy, it is essential to speak to an attorney to discuss the compensation that the companies that manufactured and sold the toy may owe to your child. At The Grife Law Firm, our knowledgeable Boca Raton toy injury lawyers are adept at helping families devastated by the harm caused by defective toys seek remedies for their losses. We will fight vigorously on your behalf.

Examples of Harm Caused by Defective Toys

Many toy manufacturers aim to produce toys as cheaply as possible, which often leads to reduced safety measures, questionable design and manufacturing methods, and unsafe products. For example, some toys are made with materials that are toxic or otherwise harmful to young children. Similarly, some toys contain small parts or parts that could easily break off and present a choking hazard to small children, and they may not contain sufficient warnings of the risk of choking. Other toys may contain cords or strings that present a risk of strangulation, or allow children easy access to batteries or magnets, which can be extremely harmful if ingested. The harm caused by defective toys often requires extensive medical treatment and may cause significant suffering and pain as well. In some cases, injuries caused by defective toys may be so severe that a child will require lifelong care, and the child may be unable to earn an income in the future.

Legal Remedies for Injuries Caused by Toys

If your child suffered harm due to a defective toy, a toy injury attorney at our Boca Raton firm can help you pursue damages from the companies that manufactured and sold the toy in a product liability lawsuit. Generally, the damages recoverable in a product liability case include compensation for the cost of any past and future medical treatment, as well as compensation for the mental anguish, pain, and suffering caused by the injuries.

In Florida, a company that manufactures or sells a defective toy may be held strictly liable or liable under a theory of negligence for harm caused by a defective toy. Essentially, a plaintiff in a case alleging harm caused by a defective toy must prove that the toy had a defect that was present when it left the control of the defendant, the defect caused the plaintiff’s harm, and the plaintiff suffered actual damages. In strict liability claims, the plaintiff only needs to show that the product was defective and that the plaintiff suffered harm as a result. In negligence claims, the plaintiff and a Boca Raton toy injury attorney must show that the defendant caused the defect by acting in a manner that constituted a departure from the applicable standard of care.

Additionally, under Florida Statutes Section 672.315, when a party that sells a product knows the reason why the buyer is purchasing the product and knows that the buyer is relying on the seller’s judgment or skill in furnishing appropriate products, there is an implied warranty that the product is fit for its intended purpose. Thus, if a toy is being used in the manner intended but nonetheless causes harm, the manufacturer and the seller of the toy may be held accountable for the damages caused by the breach of warranty.