When a faulty product such as a toy, game, clothing or crib injures your child, you are right to want to hold its manufacturer accountable for the physical, emotional and financial harm that both you and your child have suffered as a result.
Product liability claims are often complex. They require heavy research and investigation. They also often involve taking on major corporations with extensive resources at their disposal to defend against any potential claims.
An Atlanta defective children’s product lawyer at James M. Poe, P.C., has experience in handling product liability claims and may be willing to take on your case and fight for you. For a free consultation, simply call or contact us online today. We serve clients throughout Atlanta and Georgia.
Safety Hazards Among Children’s Products
According to the Consumer Product Safety Commission (CPSC) more than 300 young children died in accidents related to consumer products over a recent three-year period.
Products Associated with Child Fatalities
The CPSC reports that these accidents involved:
- Infant carriers
- Car seat carriers
- Bassinets / cradles
- Cribs / mattresses
- Strollers / carriages
- Walkers / jumpers / exercisers
- High chairs
- Changing tables
- Playpens / play yards
- Baby baths / bath seats
- Baby bottles and bottle warmers / sanitizers.
Common Dangers of Children’s Products and Toys
In a section of the CPSC’s website that is devoted to toys, the federal agency notes dangers to children related to:
- Choking hazards from the plastic film on toys
- Strings and straps on toys that can strangle young children
- Magnets that can be swallowed and cause serious intestinal injuries
- Suffocation dangers from balloons
- Caps for toy guns that can ignite and burn children
- Lids on toy chests or other types of chests that can fall and trap, injure or kill kids
- Dangers from electric toys.
There’s much more on the CPSC site, including safety warnings about products for older children such as trampolines, scooters, bicycles, all-terrain vehicles and playground equipment as well as clothing, pajamas, Halloween costumes and more.
Simply put, consumer products for children can be dangerous in countless ways. When children’s products are dangerous because of the way they were designed or manufactured or because there was an inadequate warning about the risks the product presents, the manufacturer may be liable for any resulting injuries.
Seeking Justice Through Product Liability Claims
Generally speaking, a product manufacturer has a legal duty to produce products that are safe when used as intended, and to advise users of any hazards associated with reasonably foreseeable uses of the product.
Product liability law is complex, and it can be impacted in nuanced ways by case law. However, a product liability claimant would typically seek to show that a children’s product:
- Was designed in a defective manner; or
- Was manufactured incorrectly (or did not meet design standards); or
- Failed to contain adequate warnings or instructions in packaging or marketing; or
- Failed to perform as described by the manufacturer.
In Georgia, the state’s product liability statute makes a manufacturer of consumer items liable for injuries that a person suffers if they occurred because the product was defective when it left the manufacturer.
A product’s manufacturer, distributor and/or retailer might be liable for injuries caused by a consumer product if any of them sold it when they knew or should have known it was unsafe. Such a claimant would need to demonstrate a failure by the manufacturer/distributor/retailer to take reasonable steps or exercise due diligence to ensure that a product was safe.
Contact Our Atlanta Defective Children’s Product Lawyer About Your Case
If your child has been seriously injured in an accident that you believe was caused by a faulty consumer product, it is appropriate to investigate the incident and the injury. At James M. Poe, P.C., we know the sort of evidence that demonstrates fault on the part of a manufacturer, distributor and/or retailer. Let us investigate your claim, and if appropriate, we will assert a claim for compensation on your behalf.
Contact us today to set up a free consultation about your child’s defective product injury and to learn more about your options for protecting your legal rights.
Sources and More Information
• Safety Guides, Consumer Product Safety Commission (CPSC)
• Nursery Product-Related Injuries and Deaths Among Children Under Age Five, CPSC