The holiday season is a time of joy, but it can quickly turn tragic when children suffer injuries from defective or dangerous toys. While shopping for the latest gadgets and holiday favorites, safety might not always be a consideration.
However, understanding the risks and your legal rights if an injury occurs is crucial. From choking hazards to toxic materials, knowing how to protect your children and what to do if an accident happens can make all the difference.
At Patterson Law Group, our experienced product liability lawyers in Fort Worth are ready to help you understand your legal rights and options.
Holiday Toy-Related Injuries: Alarming Statistics
Every year, thousands of children are treated in emergency rooms for toy-related injuries. According to the U.S. Consumer Product Safety Commission (CPSC), over 200,000 toy-related injuries were reported in 2022 alone. Tragically, some of these incidents result in fatalities, often due to choking on small parts or suffocation from defective packaging.
The risks are even higher during the holiday season when toy sales spike. Common injuries include:
- Choking on small parts, particularly for children under three years old.
- Lacerations and burns caused by sharp edges or malfunctioning electronic toys.
- Eye injuries from projectile toys such as dart guns or slingshots.
- Toxic exposure from toys containing lead or harmful chemicals.
Toy manufacturers are legally obligated to follow strict safety standards. However, recalls for unsafe toys continue, placing children at unnecessary risk.
What to Do If a Toy Causes Injury
If a toy causes injury to your child, the priority is seeking immediate medical attention. Afterward, preserving the toy and all its packaging is important, as this can be crucial evidence in a potential legal claim. Consulting a product liability lawyer in Fort Worth can help you understand your rights and determine whether you have a valid case.
A product liability claim may hold the manufacturer, distributor, or retailer accountable for the harm caused by a defective toy.
To succeed in such a claim, you must typically prove:
- The toy was defective due to design, manufacturing, or inadequate warnings.
- The defect directly caused the injury.
- Your child sustained damages as a result.
Filing Personal Injury Claims in Texas
Parents may be eligible to file personal injury claims for their injured children. Under Texas law, a claim can be pursued if a toy’s defect caused injury and negligence or strict liability applies. Negligence includes failing to conduct proper safety testing or ignoring known risks.
Texas follows a two-year statute of limitations for most personal injury cases, including product liability claims. However, because minors are involved, the clock may not start running until the child turns 18. Still, it’s wise to consult a Texas personal injury lawyer as soon as possible to ensure evidence is preserved and deadlines are met.
The Legal Process and Injury Settlements
Many families wonder what compensation they can expect if they file a claim. Potential damages may include:
- Medical expenses, including emergency care, surgeries, and rehabilitation.
- Pain and suffering endured by the child.
- Lost income for parents who must take time off to care for the injured child.
Most personal injury lawyers, including Texas’s best personal injury lawyers, operate on a contingency fee basis. This means you don’t pay unless the case is successful, reducing the financial burden on families. Injury settlements may be negotiated out of court or decided at trial. The value of your claim depends on the injury’s severity and the case’s circumstances.
Preventing Toy-Related Injuries
While you can’t eliminate all risks, there are steps you can take to protect your children:
- Check Age Recommendations: Always buy age-appropriate toys and follow the packaging guidelines.
- Inspect for Hazards: Look for small parts, sharp edges, or weak seams that could break apart.
- Research Recalls: Regularly check CPSC’s recall database for unsafe toys.
- Supervise Playtime: Monitor your child, especially with toys that could pose choking or projectile risks.
- Avoid Cheap Imitations: Beware of counterfeit toys that may not meet safety standards.
Your Legal Rights as a Parent
Parents have a right to expect that products marketed for children are safe. If a company violates this trust, you have legal options. Pursuing a claim helps secure compensation for your child’s injuries and holds manufacturers accountable, potentially preventing harm to others.
In Texas, product liability cases can be complex, but an experienced personal injury lawyer in Fort Worth can guide you through the process. They’ll help gather evidence, navigate legal hurdles, and advocate for the best possible outcome.
Call Us for Assistance
The holidays should be a time of celebration, not tragedy. You can help keep your children safe from toy-related injuries by staying informed and taking precautions.
If an accident does occur, understanding your legal rights and working with a knowledgeable attorney can provide the support you need. With the guidance of a product liability lawyer in Fort Worth, families can seek justice and focus on their child’s recovery.
This holiday season, prioritize safety, ensuring joy and peace of mind for every family.
