Over the past 35 years, Nagel Rice LLP has earned a reputation for protecting the rights of clients whose children have been seriously injured or even killed, by children toy defects. Our product liability attorneys have always been skilled and compassionate, but over the past several decades our skill sets have been sharpened and our empathy has deepened. We are absolutely committed to protecting children from the negligence and greed of toy companies that put aside their duty of care, risking the lives of innocent youngsters.
In spite of the fact that U.S. children are protected from dangerous toys by laws enforced by both the U.S. Consumer Product Safety Commission (CPSC) and the US Customs and Border Protection (CBP), the former reported 200,000 toy-related injuries in 2018, 17 resulting in fatalities.
This means that parents and other conscientious adults cannot let their guard down when purchasing a toy for a beloved child. Although the CPSC oversees the manufacture and distribution of American-made toys, and the CBP checks toys coming in from overseas, neither guarantees the safety of our children. Our talented attorneys will do everything in our power to protect the rights of your family to obtain fair compensation for your child’s injury.
If you have endured the unbearable anguish of losing your child as the result of a defective toy, we know nothing can ever fill the void. Nonetheless, our wrongful death attorneys will use every bit of leverage we have to win you resources to cover final medical costs, funeral/memorial expenses, and loss of companionship, and most of all the sense of justice you need to restabilize your life.
What Nagel Rice Defective Toy Attorneys Can Do to Help
Federal and state laws allow you to file a lawsuit if your child has been seriously harmed by a toy that was supposed to be a source of enjoyment. Contact Nagel Rice as soon as possible so we can help you the way we have helped so many others. Keep in mind that during our time in practice we have won over a billion dollars in damages for our clients, and we never charge attorneys’ fees until we have achieved a successful outcome.
The law distinguishes three ways a toy may be defective:
- Defective design — the toy was flawed even in its planning stages (original design)
- Defective manufacturing — mistakes were made during production
- Defective marketing — the product was sold without necessary instructions or warnings
No matter what part of the process was responsible for your child’s injury, our sharp attorneys are well-prepared to protect your rights and the well-being of your child. Remember that fighting for justice for your own child will also be part of the larger cause of protecting other innocent children from suffering similar harm.
Strict Liability in New Jersey Children Toy Defects Cases
What Nagel Rice has to prove for you to recover damages is simply that the toy in question was defective and that its defect caused your child’s injury. The principle of “strict liability” means that it is not necessary to prove negligence or harmful intent, only that the toy’s defect was the direct cause of your child’s injury.
Ways in Which Toys Can Be Dangerous
We all know that children can manage to hurt themselves in any number of ways with a large variety of objects. Occasional cuts and bruises and even bone fractures are sometimes “just accidents.” Nonetheless, when a child is hurt by a toy that turns out to be inherently dangerous, the responsible company can be held liable. All too commonly, children are injured by toys that are:
- Attached to cords, strings, or loops that present strangling and other hazards as they can easily wrap tightly around a child’s neck or limbs, cutting off air or blood supply
- Choking hazards — usually affecting very young children who are prone to putting anything and everything into their mouths (e.g small detachable parts, such as the eyes of stuffed animals, tiny screws, bits of plastic, beads)
- Extremely flammable, explosive, or give off heat that may result in severe burns
- Flotation devices that, if defective, may deflate or break, possibly resulting in drowning
- Capable of shooting projectiles — BB guns, airsoft guns, paintball guns, even toys that shoot “soft” bullets of foam can cause harm, especially if aimed at faces or eyes
- Sharp, with points or serrated edges that present the risk of puncture wounds or lacerations
- Toys that contain toxins (e.g. lead, BPA, or formaldehyde, acid) that may cause poisoning if ingested, lung problems if inhaled, or serious burns if touched.
- Capable of speed — such as toy cars, skateboards, scooters, sleds which may break or malfunction, resulting in a hard fall or collision over which the child has no control
As our agile attorneys represent you in negotiations with the defendant or during litigation, we will always remember that one of the primary injuries to your child is the emotional trauma of sudden pain and perhaps prolonged suffering that resulted during supposedly “safe” playtime.
Damages Nagel Rice Will Fight to Win for Your Child in Claims Involving Children Toy Defects
Serious injuries are typically costly financially as well as in terms of physical pain and emotional distress. That’s why our defective toy attorneys will work tirelessly to win you compensation for:
- Medical and surgical costs
- Property damage or loss
- Rehabilitation services
- Home health care
- Permanent disability
- Permanent disfigurement
- Pain and suffering
When a Defective Toy Hurts Your Child, Fight Back — Contact Nagel Rice
We know all too well how overwhelming a serious injury can be, particularly when that injury affects your child. That’s why our team is committed to standing by you and your family when you most need us most, not only for legal advocacy but for empathy. We are here to take care of all the logistical matters involved in your lawsuit so that you can take the time you need to help your child heal. Contact our New York and New Jersey product liability attorney today.