Parents in Nevada often take steps to make sure that they are purchasing the right toys for their children. They read labels to determine whether a toy is appropriate for their child’s age, check for small parts or accessories that could cause harm and even avoid certain toys that have a dangerous reputation. Despite these precautions, a defective product attorney Nevada knows that a child may become injured by a toy that is defective.
A poorly designed baseball bat left a five-year-old boy with permanent facial scars. According to NY Daily News, the father of the young boy has filed a lawsuit against the manufacturer of the bat. The lawsuit claims that the adjustable bat’s telescope-like design and twist and lock mechanism was unstable. He believes that this precarious design resulted in the boy’s injuries. The boy received a large, deep cut on his nose and between his eyes when the defective bat broke into pieces as his brother was swinging it. He was taken to the hospital, where he received 300 stitches.
According to CBS News, there are a host of toys on the market that may be considered dangerous to children of certain ages. Toys that include projectile objects, such as bows and arrows, warn children to avoid aiming the flying objects at animals or peoples’ faces, but some age groups may not understand or adhere to these warnings. Industry safety standards restrict toy strings to a maximum length of 12 inches. However, there are pull toys on the market with strings as long as 20 inches, which may present strangulation hazards for babies and small children. A defective product attorney in Nevada may find that other toys containing small choking hazards present a danger to children as well.
Product liability claims
Defective product liability claims can be filed if:
- A toy has a flawed design, resulting in one or more injuries to children: This type of defective toy has the potential to cause injuries to many people because the flaw is in the actual design of the product itself.
- An error is made during the manufacturing process: For example, a cracked swing set chain or a bent piece of plastic on a toy could injure a child.
- The toy or its packaging does not provide the proper instructions or warnings regarding its use: If a toy has small, detachable parts that a child may choke on, the packaging should provide a warning to parents.
Liability claims in Nevada can be based on strict liability, negligence or breach of warranty. If a product is proven to have a defective design, then the amount of care that the manufacturer has put into creating the product is irrelevant under strict liability. A defective product attorney in Nevada may argue that when people purchase a product, they are entering into a contract of sorts with the manufacturer. As such, manufacturers have a responsibility to provide safe products to the public.