As spring arrives, the weather becomes nicer and children have the ability to head outside and enjoy all types of toys. Unfortunately, according to multiple studies, a toy-related injury occurs to a child every three minutes, and the spring can present all types of toy injury possibilities. Whether you're taking out lawn toys that were packed away for winter or children are enjoying new Easter presents, unfortunately, injuries are prone to happen. If your child has gotten injured from a springtime toy, it's a good idea to consult with a personal injury attorney to see if there is a liability case. Before moving forward with the case, consider the following four factors that could impact your case.
It's hard to miss all of the warnings, safety precautions, and age recommendations featured on new toy packages. The main reason for these warnings is to prevent liability cases when injuries occur. If your child is injured with a toy, it's important that the toy's recommended ages were followed. This includes both the minimum age and maximum age for the toy. For example, if an 8-year-old child is playing with a small scooter, the ages could range from 3 to 7 years old. The 8-year-old falls out of the age range and the company likely won't be liable for any injury.
If you followed the recommended age factors and an injury still occurred, then you may have a chance that your case moves forward.
One of the biggest pieces of evidence in a toy injury case is the toy itself. When the injury occurs, it's important to leave the toy intact and not make any changes to it. A lawyer will use this toy as the main piece of evidence to show a defect or malfunction. A spring toy defect can cover a number of factors. For example, if your have some type of bubble wand or bubble gun, a leaking part of the toy could cause an injury. A riding toy like a scooter could have cracked or weak wheels. A toy play gun may have a malfunctioning spring that causes bullets to fire too fast or create dangerous situations.
A personal injury attorney will also complete research to showcase any recent toy recalls. By finding these recalls, your attorney can present more evidence in the case. This includes how long the product was out before the recall occurred and other injury cases that may have involved the product.
Sports Toy Injuries
The spring season means the return of many backyard sports. Children often enjoy activities like baseball, soccer, and newer sports like lacrosse. If your child is injured while playing a sport, the case may be harder to move forward with. By actively participating in a sport, you are assuming the injury risk for your child and the activity that they are playing.
Your chances of having a case may increase only if there is a defect in the sports toy that was purchased. For example, if you use a baseball helmet that doesn't offer full protection like it should, then the manufacturing company may be held liable. Sports accessories may be included in this as well. The quality of soccer nets, shin guards, baseball bats, or lacrosse sticks may be a factor if the equipment did not perform the way it was supposed to and caused an injury.
Spring may be a great time to add some extra accessories to toys that you currently own. While these additions can add extra fun, they also create additional risks for injuries. One of the biggest areas where problems can occur is a trampoline. They may be fodder on humorous clip shows, but trampoline injuries can cause a lot of harm. Adding on extras like a basketball hoop or net could increase the danger.
You may have a liability case if the products do not do what they're supposed to. For example, if your child falls into a trampoline net and the net does not support them, the net manufacturer could be liable. An injury lawyer will use images and videos to showcase how the net is attached, where the injury occurred, and why the product is to blame.
If you feel like your child was not the main cause of their injury, then you should consult with a lawyer, such as those at Lawyer, Lawyer, Dutton & Drake LLP. They can help you navigate through these different circumstances and decide if it's worth it to move forward with a case.