No parent wants to see their child injured. However, when companies are negligent, the most protective parents can’t keep their children completely safe. Children are fragile, and as such, corporations that make products for them have a responsibility to ensure all of the products are safe. But profits often come before responsibility, and many companies cut corners, knowing their actions put their customers at risk.
If your child was severely injured by a defective product, you are within your rights to file a lawsuit against the corporation responsible. Doing so will require the help of an experienced Dallas liability lawyer, and you can find an entire team of legal professionals at The Lenahan Law Firm. Call us at (214) 295-1008. We are ready to help.
While a child’s product could break or cause injury in any number of ways, all potential defects can be sorted into one of three categories. Knowing which category the defect that injured your child falls into could help you determine who you should be holding accountable. The categories include:
Design defects: The first stage of creating a new product is the design stage. A company may go through several versions of a product before the design is finalized and put into production. While trying different designs, a company has a responsibility to run proper tests to make sure the product is safe for use. This is especially true if the product is being made for children. When the defect is on the design level, it means none of the products made will be safe, and that a recall will have to be issued.
Manufacturing defects: Once a design has been approved, it needs to be made. The design will be sent to factories where it will be mass-manufactured and put on the market. Just because a design is now in production does not mean testing is done, however. Quality checks must be in place to find flaws and pain points, to make sure the products are made with strong and non-toxic materials, and to ensure the product will not fail or become defective. A defect in the manufacturing stage may only impact a handful of the products. However, that does not negate the manufacturer’s liability.
Marketing defects: A marketing defect may not sound as serious as the other two categories, but a mislabeled product could be deadly. Products, whether they be highchairs, toys, or medicines, must be labeled with proper warnings. On top of that, products must be marketed for their intended use. A chair meant for a two-year-old should not be marketed for older children, as the extra weight could break the chair and injure the child.
Children are much smaller and more fragile than adults, especially infants and toddlers. An incident that may leave an adult with a few bruises could lead to a child’s bones breaking. That is why companies must ensure that all products made for children are as safe as possible. Products made for children that are often defective include:
- Flammable clothing
- Toys with detachable parts
- Beds and cribs
- Baby foods
For example, if a pair of pajamas catches on fire due to being too close to a heating unit, it could cause the child to suffer severe burns. Federal law requires the use of certain flame-resistant materials in children’s clothing, and many recalls involve cloth that is found, too late, to be flammable.
We at The Lenahan Law Firm have seen what defective products can do to children. Some of the most common injuries caused by defective products include:
- Brain damage
- Spinal cord injuries
- Organ damage/internal bleeding
- Vision loss
- Loss of limb
- Deep lacerations
These kinds of injuries can lead to serious and lasting consequences. If your child dreamed of being a sports star, losing a limb could cause your child’s dreams to crumble. On top of that, the pain and suffering your child will have to live with because of the accident could lead to serious trauma that lasts their entire lifetime. Your child may develop disorders, such as depression or PTSD.
No parent wants to see their child suffer. While nothing can reverse what was done to your child, you can certainly fight to make sure your child receives proper compensation for the damage that was done.
After your child was injured by a defective product, your best chance of making sure your child’s needs are met is by filing a civil claim. However, you cannot file a claim if you do not have someone to file a claim against. When it comes to product liability claims involving children, there are a few parties that are most often at fault. They include:
The design company: The company that designs the product is responsible for making sure that stage of the process is done properly. That means tests must be run and the design must be changed if the product proves to be dangerous. When a defective design is released to the public, the company must be held liable for its actions.
The manufacturing company: While the company that designed the product may use its own factories for the manufacturing process, it may also work with third-party factories. When this happens, the design company may not be responsible for any defects that result during manufacturing. Instead, the company that owns and operates the factory is.
The transportation company: Once the products have been designed and made, they must be sent out to stores. This will usually involve shipping with trucks, trains, planes, or even ships. Transportation companies are hired. These companies need to keep the product in peak condition. If precautions are not taken, then the product could break or spoil, leading it to be unsafe for children.
The distribution company: The stores that the product is sold in are also responsible for making sure the product is in working order. For example, if a store sells baby food, the food should be kept in safe conditions, such as a refrigerator, and not sold if it is past its expiration date. If a store does not keep its customers safe and its products in good condition, then it could be held liable for any resulting injuries.
We at The Lenahan Law Firm understand just how devastating it can be when your child is hurt. Severe injuries could impact your child’s future, from employment to the ability to live independently. However, when you file a claim against the at-fault party, you are helping to ensure that your child’s future is as bright as possible. To speak with a member of our Dallas personal injury team, call us at (214) 295-1008. Your child deserves justice, and we want to help them achieve just that.