Massachusetts Personal Injury Library
Products Liability and Child Poisoning (Part B)
Courts Took Hard Look at Product Safety
Toys that use plastics or paint containing lead have been widely recalled in recent years by companies such as Mattel and subsidiary Fisher-Price. The court decided that a recall was not enough to satisfy their breach of duty toward the young end-users.
The Consumer Product Safety Commission brought a suit against the companies and was awarded over $2 million, part of which would go toward lead testing for children who had used the toys. This example of a successful products liability claim illustrates how tort law can address the serious issue of child poisoning.
Food Poisoning and Products Liability
When a manufacturer knowingly continues to market a food, such as peanut butter, that has tested positive for a harmful bacteria, the company can be held liable. Likewise, the omission or substitution of ingredients listed in food advertising that leads to child poisoning may be considered negligence in a personal injury lawsuit hearing.
For instance, parents of children in several states brought separate civil lawsuits for their children’s injuries against McDonald’s Corporation. They claimed that their children with food allergies were damaged by the company’s failure to disclose all of the ingredients in its French fries. Allergic reactions can range from mild to severe and may have long-term effects, especially on developing children.
Consuming foods that transmit E. coli or salmonella can also be extremely harmful to children, often causing organ damage or child death. Parents of children affected by food or other types of poisoning can pursue personal injury or Boston wrongful death lawsuits in an attempt to recover money for medical bills and ongoing therapy.
When selecting a child injury attorney, you’ll want to ask critical questions such as; how long have you been practicing law; do you have experience with child accident cases in Boston, Massachusetts; what is the biggest settlement or verdict you have won? For over 30 years the Kiley Law Group, located in Boston and Andover, Massachusetts, has fought on behalf of children. Mr. Kiley’s firm works with you on a contingency basis, which means there are NO FEES unless our trained Boston child injury lawyers win your case. Call now for a FREE legal consultation.
