Every year, children across the country rush to their Christmas trees as soon as their eyes open to see what Santa Claus brought them while they were sleeping. While adults may have long since learned that the holiday goes deeper than monetary gifts, for innocent children, the joy of the day is centered firmly around the shiny wrapped packages under the tree. Each year, the Consumer Product Safety Commission (CPSC) stops the production of many hazardous toys from reaching the hands of our little ones. Without fail, each year, there is the inevitable media story of a family whose defective toy ruined their holiday celebration.
If your child has been injured by a defective toy, a Virginia Beach personal injury lawyer from Shapiro, Washburn & Sharp can evaluate your case and determine what legal recourse you may have.
Who Is Responsible?
We are our biggest critic. When our children suffer an injury, we often begin to blame ourselves. Questions race through our minds, such as:
- What did I do wrong?
- How could I have prevented this?
- How will they recover? and
- How can we afford this?
The answer rests not with you but with the toy manufacturer. All too often, corners are cut to increase the product’s revenue. These shortcuts can result in property damage, injuries, and even death to consumers while the manufacturer continues to make money on their product. The CPSC imposes strict testing requirements. However, many companies still choose to play fast and loose with the rules.
What Are the Standards?
The Standard Consumer Safety Specification for Toy Safety is a document detailed far beyond the scope of this article. It includes each aspect of toy design, from the size of the parts to how loud the toy plays music. Testing conducted by a CPSC-approved testing center, using the standard for comparison, is required. Once the product has met and received a certification to meet each standard listed, a Children’s Product Certificate is issued to signify it complies with all safety standards.
Much more goes into the safety of children’s toy products than just the design of the toy itself. Other avenues must be considered to improve safety, including:
- Inadequate usage instructions
- Improper warning labels
- Manufacturer defects
Pursuing Legal Action
If your child has been injured because of a dangerous product, a Virginia product liability attorney may be able to assist you in pursuing a claim against the manufacturer for selling a defective product or failing to issue proper warnings. Damages can include:
- All medical expenses
- Lost wages and any future loss of earnings if the victim has been left with a disability
- Pain and suffering
- Emotional anguish
- Scarring or disfigurement
Unfortunately, defective product cases tend to be extremely complex – not just because there is a burden of proof but also because victims often go up against corporations that have their team of attorneys who specialize in defending against product liability claims. This is why families should retain the services of a personal injury attorney with extensive product liability law experience.
Let Our Firm Help
If your child has suffered injury or loss due to a defective toy, we recommend contacting a Virginia Beach personal injury attorney as soon as possible. With the assistance of an experienced, aggressive, and proven lawyer, the negligent manufacturer can be held responsible for the injuries and damages their product caused.
If you would like to discuss your legal options, contact Shapiro, Washburn & Sharp today. Our legal team has 100 years of combined legal experience advocating for injured victims and their families and will work diligently to get you the financial compensation you deserve. This is why our firm has obtained more than $100 million in settlements and verdicts for our clients.
For your convenience, we have offices in Virginia Beach, Hampton, Portsmouth, Norfolk, Chesapeake, Suffolk, and Kitty Hawk, North Carolina.
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Andrew Stover limits his law practice exclusively to personal injury law. Andrew is a member of the American Association for Justice, the Virginia Trial Lawyers Association, and the Virginia Beach Bar Association.
