Raising a Child in Florida? Be Aware of the Risk of Product Liability with Toys
Thanks to mass media platforms, we’ve gotten so used to showering kids with their favorite playthings that many of us believe that a child raised without the company of toys is suffering from an incomplete childhood. Sadly, however, not all toys are created to the same standards. When a child is given a defective toy, it can be easy to wonder if the item was built to entertain your child – or unwittingly harm them.
Due to the small amount of scrutiny that many of these toys undergo, many of them are able to be passed off as “safe” for your child, even when they have sharp edges, pointy parts, or other similar hazards. But the main question arises here: what happens if your child were to accidentally play with one of these toys and somehow managed to harm himself/herself?
Would you be able to sue the toy company for product liability?
Manufacturer Negligence in Consumer Products
In Florida, you can sue a manufacturer for a broken product that has caused harm to yourself or your loved ones. This is done through comparative negligence laws, which take both yours and the manufacturer’s responsibility into account when deciding the severity of a claim. For instance, while it is uncommon for toddlers to place toys into their mouths, there are some toys that are expected to belong to the mouth (such as whistles and flutes), and those that don’t.
This means that if the child had tragically choked after playing with a defective flute, then the manufacturer would be more liable for it than if the child choked on, say, a brick toy that was meant for older children. In the latter case, there may be warning signs on the toy’s packaging, which warns against choking hazards which protects the consumer from product liability claims.
Negligence with The Use of Lead-based Paint and Plastic
Lead-based paint and plastic is banned in Florida. However, this does not mean that they do not exist within the state. Buildings prior to 1978 are expected to have lead-based paint used in their construction. This is because federal law had only started to ban such paint products for buildings that year.
There are also cheap toys that use lead-based paint and plastic. These may chip off and be inhaled or swallowed by small children playing with them, causing problems with your children’s neurological development. It is important to take legal action against these manufacturers in order to prevent them from causing more harm with other children, whose parents had presumably expected their toys to be safe.
Has Your Child Been Harmed Due to a Faulty Toy?
If your child has suffered due to a faulty toy, then you need the help from a professional personal injury attorney on your side. We offer years of valuable experience, and we can help you create a strong case to make sure you get your much-needed compensation. Please give our Orlando personal injury lawyers at Payer Law a call today at 866-930-1238 to schedule a free consultation with us.
Resource:
nchh.org/resource-library/Fact_Sheet_Lead_In_Toys.pdf
floridahealth.gov/environmental-health/lead-poisoning/parent-info.html
https://www.payerlawgroup.com/can-i-sue-the-other-partys-auto-manufacturer/
