South Florida Injury Lawyer Blawg
Every year, dangerous toys injure a number of children in Florida and throughout the United States. In the most serious cases, children can die from dangerous or defective toys. At the Law Offices of Robert Dixon, we take every child injury case very seriously. Our dedicated products liability attorneys will scrutinize the facts of your case and devise a legal strategy accordingly.
According to the United States Consumer Product Safety Commission (USPC), there were an estimated 251,800 toy-related injuries in 2014 that had to be treated in U.S. hospital emergency departments. 42 percent of these injuries were classified as lacerations, contusions, or abrasions; and 44 percent of these injuries were to the head and face area. Most of these children were younger than 15 years of age. In the same year, 11 toy-related deaths occurred among children younger than 15 years old. Riding toys were associated with 7 of the 11 reported deaths, and all deaths were due to motor vehicle involvement.
Some common types of injuries that can take place include: blindness or eye injury, deafness or hearing loss, choking, ingestion, burns, electric shocks, strangulation, deformation and more.
Of course, not all injuries resulting from toy use is legally actionable. Sometimes children simply get injured even when the toy is not defective. However, in many cases, a products liability claim may be appropriate.
A products liability action refers to a civil lawsuit in which the consumer claims that his or her injuries were directly caused by a defective product. The action may be based on negligence, strict liability, breach of warranty or other theories of liability. The exact cause of action upon which your claim will be based will depend heavily on the specific facts of your case.
An injured consumer would typically sue for compensation caused by the product’s manufacture, design, or even a failure to warn consumers of known dangers associated with the product. It is important to note that the manufacturer, retailer, and/or distributer may be sued. In some cases, you may be able to sue the party responsible for the product’s assembly or installation.
If a consumer wins on a products liability claim, he or she may be entitled to damages. Under Florida law, an injured consumer can typically recover medical expenses, pain and suffering rehabilitation costs, disability and more. In rare cases, courts may also award punitive damages if the defendant’s behavior is considered egregious. Punitive damages are not awarded very often. They are intended to deter other parties from engaging in similar actions.
If your child has been hurt due to a defective toy or product, it is imperative to contact a Miami products liability attorney right away. At the Law Offices of Robert Dixon, our reputable team will help you determine the best course of action. We will give you an honest assessment of your case and the feasibility of recovering damages. You can rest assured that we know you value your time and money, and we do too. For more information about your legal rights and options, call us at 1-877-499-HURT (4878) or contact us online today.
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