Dangerous Toys: Product Liability and Child Injury Claims in Oregon
Posted on behalf of RizkLaw on Nov 09, 2023 in Personal Injury
Every parent knows the joy of watching their child’s face light up with excitement when they unwrap a new toy. The sparkle in their eyes, the laughter, and the unbridled enthusiasm for play are moments etched in our memories. Toys are an essential part of childhood, fostering creativity, imagination, and play. However, not all toys are created equal, and some can pose significant risks to children’s safety.
If your child has been harmed by a dangerous toy, contact an experienced personal injury attorney today with Rizk Law to discuss your case. After defective toy injuries, seeking legal guidance is a vital step towards seeking justice, ensuring accountability, and safeguarding the well-being of our most precious treasures: our children.
What to Know About Child Injury Claims Involving Dangerous Toys
Unfortunately, within some toys exists a hidden danger that can shatter the innocence of playtime in an instant. When a child is injured while playing with a dangerous toy, it affects both the child and their family.
Oregon, like many other states, has product liability laws in place to protect consumers and children from suffering the effects of dangerous and defective products, such as toys. Product liability holds manufacturers, distributors, and retailers accountable for the products they put on the market. There are three primary types of product liability claims:
- Manufacturing defects: When a toy is flawed due to an error in the manufacturing process, making it more dangerous than intended.
- Design defects: When a toy’s design is inherently unsafe, even if it is produced correctly, and it poses unreasonable risks to children.
- Failure to warn: Manufacturers must provide clear and sufficient warnings and instructions for safe product use. Failure to do so can lead to liability if a child is injured.
When a child is injured due to a dangerous toy, parents or guardians can pursue child injury claims to seek compensation for their child’s injuries.
Key Elements of a Child Injury Claim
Child injury claims are a subset of personal injury law specifically focused on children who have been harmed due to the negligence or wrongdoing of others. Such claims can encompass a variety of scenarios, including toy-related injuries.
For a child injury claim to be successful, your attorney must establish the following elements:
- Duty of care: To establish liability, you must demonstrate that the manufacturer or distributor owed a duty of care to consumers, including children.
- Breach of duty: It must be proven that the toy in question breached the duty of care owed to consumers, either due to a manufacturing defect, design defect, or a failure to provide adequate warnings.
- Causation: The toy’s defect or dangerous design must be directly linked to the child’s injuries.
- Damages: Parents can seek compensation for medical expenses, pain and suffering, emotional distress, and other related damages.
Generally, personal injury claims must be filed within two years from the date of the injury or the date when the injury was discovered, whichever comes later. However, the statute of limitations can vary based on the specific circumstances of the case, so consulting with an attorney is advisable to ensure you meet the deadline.
Seek Justice for Injuries Suffered From a Dangerous Toy in Oregon
If a dangerous toy has caused your child to suffer an injury, consult with a Rizk Law child injury attorney who can guide you through the legal process and help you pursue the compensation and justice your child deserves. Your child’s safety is paramount, and holding negligent manufacturers accountable can help prevent similar accidents from happening to other children in the future.