You have rights if your child suffered injuries because of a dangerous toy or another child’s product. Our defective child toy attorney in Las Vegas may be able to file a claim or lawsuit to hold the toy’s manufacturer legally responsible. You may recover compensation and get justice for your family. You could also prevent other children from suffering injuries.
At De Castroverde Accident Injury Lawyers, a Las Vegas product liability lawyer on our team can sit down with you to discuss your legal options and how you may be able to get justice for your child. Toy companies are responsible for ensuring your children are safe while playing with their products. We may be able to help you hold them liable for any injuries that occurred. Contact us now to learn how.
Table of Content
- What Makes a Product Defective?
- Examples of Defective Children’s Products Cases
- Who Is Liable for a Defective Child’s Toy?
- How Can a Las Vegas Defective Product Lawyer From Our Team Help?
- Timeline for Suing Toy Manufacturers or Others After a Nevada Injury
- Starting Working with Our Defective Product Attorney in Las Vegas Today
What Makes a Product Defective?
A defective product is one that a person cannot safely use for its intended purpose because of an issue with its design, manufacture, or the instructions and warnings included. When a child’s toy has defects, the child could suffer serious injuries from playing with it.
If this happened to you, one of our Las Vegas personal injury lawyers may be able to help you prove the product had a defect due to its:
- Instructions or warnings
Nevada case law recognizes the legal doctrine of strict liability, as evidenced in Shoshone Coca-Cola Bottling Company v. Dolinski (1966) and numerous other cases. Under strict liability, the company that designs, manufactures, or distributes a product is legally responsible for any injuries that occur with expected use. The plaintiff does not need to provide evidence to show negligence occurred.
Examples of Defective Children’s Products Cases
You can check the U.S. Consumer Product Safety Commission (CPSC) to see if the company recalled the toy. However, a lack of recall does not mean the toy does not have a defect. Many toys can have flaws and cause harm to children long before there is a recall.
Examples of two recent dangerous toy legal cases include:
Mega Brands Magnetix
Magnetix playsets included small magnet-based pieces that stuck together so older children could build things. However, small children often put the tiny parts in their mouths. This proved extremely dangerous because the magnets could attach to one another through areas of the intestines or other parts of the gastrointestinal tract.
According to the Seattle Times, one family successfully sued manufacturer Mega Brands and recovered compensation after their 22-month-old toddler died from his injuries. Today, CPSC has strict safety standards for toys with small magnets, and they all include stern warnings.
As USA Today reports, a family of an infant who suffered permanent brain injuries after ingesting several Aqua Dots beads won significant compensation for their child’s injuries and care. Children spray water on these beads, and they change color, creating designs. However, the chemical used to coat them during manufacturing is extremely dangerous when swallowed.
Who Is Liable for a Defective Child’s Toy?
When you work with a Nevada personal injury lawyer from our team, we can identify the problem with the product and determine who is liable. In many cases, the designer and manufacturer are the same party: The toy company responsible for marketing the product.
To prove the toy company is liable in Nevada, we only need to show:
- The product has a defect.
- The defect occurred before our client received it.
- Our client used the product in a way the defendant should have foreseen someone using it.
- Our client suffered an injury.
- The defect caused the injury.
We know how to build these cases and demand compensation for our clients based on their injuries and the circumstances of the case. We consider not only current medical bills but the costs of providing treatment and support for your child’s life-long injuries if they have any.
How Can a Las Vegas Defective Product Lawyer From Our Team Help?
Our defective child toy lawyer in Las Vegas can assess your case with you today. We understand you want justice, accountability, and compensation. We can represent your family’s best interests and seek all of these for you today.
While each case is different, we know how to develop claims based on a wide range of injuries, including the most common types caused by defective toys:
- Brain injuries
- Lacerations and puncture wounds
- Internal injuries
We help families recover compensation for medical care, future care needs, out-of-pocket expenses, pain and suffering, and more. We represent them with no upfront costs. We only charge fees when we win a financial recovery in the case.
Timeline for Suing Toy Manufacturers or Others After a Nevada Injury
Nevada law limits how long you can wait to sue following an injury or wrongful death. Many of these cases settle without a lawsuit or going to trial, but we need to prepare each case like we might sue the defective product manufacturer. Under NRS 11.190(4)(e), deadlines generally include:
- Two years from the date of injury in a personal injury case
- Two years from the date of death in a wrongful death case
There may be exceptions when the victim was a child or other circumstances are at play, so you may want to consult a Las Vegas personal injury attorney from our team as soon as possible. We can evaluate your options, begin gathering evidence, and determine the time limits that apply to your case.
Starting Working with Our Defective Product Attorney in Las Vegas Today
Speak with De Castroverde Accident Injury Lawyers about your potential case today. We can assess your legal options and discuss whether you should pursue an individual lawsuit or join an ongoing mass tort. You may be able to get justice and prevent other families from facing the same situation you did.
Contact us today to learn more in a free consultation.