How do you know when to pursue a lawsuit for a defective children’s product? This article gives detailed information regarding dangerous children’s products and explains when you should file a claim against the manufacturer or other party. Call Thomas M. Kiley & Associates at (800) 930-8145 for more information.

When a Child is Hurt by a Defective Product

Thousands of children are hurt by dangerous products and defective toys every year. According to the Consumer Product Safety Commission (CPSC), in 2006 alone there were an estimated 220,500 toy-related injuries in the United States. That same year there were 22 toy-related deaths. As consumers, we trust that the products we use are safe. We entrust manufacturers with our children’s safety, but sometimes a situation arises where a product turned out to be dangerous and caused serious injuries.

Recently, there have been many recalls of children’s products with one of the most notable recalls involving the convertible “close-sleeper/bedside sleeper” bassinets manufactured by Simplicity Inc. The CPSC urged parents and caregivers to stop using this bassinet after the agency learned of two infant deaths caused by this product. These two babies were strangled to death after they became entrapped in the metal bars.

Too often there are stories in the news of children who are injured by defective products. There have been many reports of:

• A child being injured by a toy
• Bruises, broken bones and cuts caused by defective bicycles, ATVs and scooters
• Crib injuries
• Lead paint in children’s toys
• Strangulation hazards posed by children’s products

The CPSC has jurisdiction over approximately 15,000 different types of consumer products used in the home, schools and for recreation. Manufacturers, importers, distributors and retailers of consumer products are required under the Consumer Product Safety Act to report problems with a product. The CPSC must be notified immediately if a product fails to meet a consumer product safety standard, has a defect which could cause a substantial hazard or poses a significant risk of injury or death. If a product is determined to be defective or could create a hazard to consumers, then the CPSC will work with the manufacturer, importer, distributor or retailer to recall the product.

When to seek legal advice…
Children are regularly harmed by products that may or may not have been recalled. A manufacturer or other party involved in the distribution of the product can be held liable for injuries caused by a children’s product. These types of cases are referred to as product liability lawsuits and encompass situations where:

• A children’s product was defectively designed
• Flaws existed in the manufacturing process
• There was a failure to warn consumers of a known product hazard

Defective product cases can be difficult to prove, as the manufacturer or other responsible party will work hard to show that they are not liable. A successful product liability lawsuit involving children’s products could open up the manufacturer to further liability from other injured consumers, which is why their defense team will try to ensure you do not win your case. Contact Thomas M. Kiley & Associates if your child has been injured by a dangerous product. The law firm is experienced in handling cases involving child injuries.

©2009 Thomas M. Kiley & Associates, LLP, All Rights Reserved, Reproduced with Permission
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