Massachusetts Personal Injury Library
Products Liability and Child Poisoning (Part A)
When child poisoning injures babies, toddlers or older children, sometimes the manufacturer and distributor of a product are responsible. The poisoning may be accidental or intentional, depending on whether the companies knew of the presence of toxins in their product’s ingredients. Both circumstances may be grounds for a lawsuit in civil court.
Products with poisons that can cause child death or injury include:
- Foods such as peanut butter, ground beef and alfalfa sprouts that are tainted
- Plastics made with lead, bisphenol-A or phthalates
- Paint containing lead
- Medicines and nutritional supplements
- Cleaning compounds that are caustic
- Antifreeze and windshield cleaner
Manufacturers cannot be held liable for every child poisoning. Federal regulations apply to certain substances, such as lead paint and phthalates. Laws regarding some ingredients or the handling of dangerous substances may vary by state. Certain items might require only warning labels or special packaging to free the makers from liability.
An experienced personal injury lawyer who specializes in child injuries can determine which laws apply and whether a third party is responsible for damages. Even if a manufacturer does take steps to prevent children’s access to poisons, it may fail in that duty.
Circumstances that may lead to child injuries or death from poison include:
- Defective child-resistant packaging
- Defective toys that lose pieces or leak toxins
- False advertising of food ingredients
A serious child accident such as poisoning, can devastate and completely change your family’s life. If your child has been hurt by a defective product in Boston, Massachusetts you should contact an experienced child injury lawyer to determine liability. Speak to a child injury attorney at the Kiley Law Group for guidance on your personal injury case.
Chemical and Lead Poisoning from Child Products
When items are made specifically for kids and cause damage, child injury laws allow parents to seek compensation through lawsuits. A widespread current problem is the use of dangerous plastics in baby bottles, toddler cups and disposable beverage containers.
Product recalls may not stave off civil lawsuits when the extent of child injuries and arrested development becomes clear. Some symptoms of poisoning can take years to surface. This is at odds with the statute of limitations for filing legal claims in many states. A Boston products liability lawyer or child injury attorney can help parents know when to seek recourse in court.
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