Children use countless products every day: toys, cribs, car seats, high chairs, and playground equipment. Most of these items are safe when used properly. However, some products have dangerous defects that can seriously injure children.
Even when products are recalled after problems are discovered, the damage may already be done to your family. If your child has been hurt by a defective product, you may have legal rights that can help you get compensation for medical bills and other costs.
How Children Get Hurt by Defective Products
Product defects can cause injuries in many ways:
Choking dangers happen when small parts break off toys or products have pieces that are too small for young children.
Falls and crushing injuries occur when cribs, high chairs, or playground equipment break or collapse unexpectedly.
Strangulation risks come from cords, straps, or openings that can trap a child’s head or neck.
Toxic exposure results from lead paint, dangerous chemicals in plastics, or unsafe coatings that children might put in their mouths.
Burns and electrical shocks can happen when electronic toys or appliances malfunction.
The scariest part is that products can seem perfectly safe but still have hidden defects that only show up after children are already hurt.
Understanding Product Recalls
The Consumer Product Safety Commission (CPSC) watches for dangerous children’s products and issues recalls when problems are found. There are two main types:
Voluntary recalls happen when companies discover safety problems and decide to recall their products on their own.
Mandatory recalls occur when the CPSC forces companies to recall products that pose serious dangers.
Unfortunately, many parents never hear about recalls, especially for products they bought months or years earlier. This means children can keep using dangerous items long after problems are known.
Your Legal Rights as a Parent
When defective products hurt children, parents have several ways to seek compensation:
Product Liability Claims
Product liability law lets you hold companies responsible when their products cause harm. These cases usually focus on three types of problems:
Design defects mean the product was dangerous from the very beginning because of how it was designed.
Manufacturing defects happen when mistakes during production make an otherwise safe product dangerous.
Warning failures occur when companies don’t provide proper instructions or safety warnings about known risks.
What Compensation Can Cover
If your child was injured by a defective product, you might be able to get money for:
Medical expenses including emergency room visits, surgeries, hospital stays, and ongoing treatment your child needs.
Future medical care if your child will need continued treatment, therapy, or special equipment.
Pain and suffering both for your child’s physical pain and emotional trauma, and for your family’s distress.
Lost wages if you had to miss work to care for your injured child.
Special needs like home modifications, special equipment, or educational support if the injury causes lasting problems.
Class Action Lawsuits
Sometimes defective products hurt many children. In these cases, families can join together in class action lawsuits, which gives them more power against large companies.
Steps to Take After Your Child Is Injured
Acting quickly after a product-related injury can protect your child’s health and your legal rights:
Get Medical Help
Take your child to see a doctor right away, even if the injury seems minor. Some problems don’t show up immediately. Keep all medical records and bills.
Save Everything
Don’t throw away the product, its packaging, instructions, or your receipt. These items can be crucial evidence in your case.
Document What Happened
Take photos of:
- The product that caused the injury
- Your child’s injuries
- The accident scene
- Any warning labels or instructions
Write down exactly what happened while the details are still fresh in your memory.
Report the Incident
Contact the store where you bought the product, the manufacturer, and the CPSC. This creates an official record of the problem.
Get Legal Help
Product liability cases are complicated because they involve proving that companies knew or should have known about dangers. Having an experienced attorney can make a big difference in whether you get fair compensation.
Why Professional Legal Help Matters
Companies that make children’s products have teams of lawyers working to protect them from lawsuits. They often argue that:
- Parents didn’t supervise their children properly
- The product was used incorrectly
- The child’s age made the accident unavoidable
- The injury wasn’t really caused by the product
When you’re dealing with your child’s injuries and recovery, fighting these arguments on your own can be overwhelming. Getting help from experienced legal professionals who understand product liability law ensures that your family’s interests are properly represented. The Law Offices of Anthony Carbone can investigate what really happened, gather the evidence needed to prove your case, and negotiate with companies and insurance companies for fair compensation.
Time Limits Apply
New Jersey has strict deadlines for filing product liability lawsuits. Generally, you have two years from when the injury occurred to start legal action. However, there are some exceptions that might give you more or less time, depending on the specific circumstances.
Don’t wait to get legal advice – the sooner you act, the better chance you have of preserving evidence and building a strong case.
Protecting Your Family’s Future
No parent expects their child to be hurt by a product designed to be safe. When it happens, you shouldn’t have to face the financial burden alone, especially when the injury was caused by someone else’s negligence.
Companies have a responsibility to make sure their products are safe for children. When they fail in that responsibility, they should pay for the harm they cause.
If your child has been injured by a defective product, contact The Law Offices of Anthony Carbone today for a free consultation. We’ll review what happened, explain your legal options, and help you understand what compensation you might be entitled to receive.
Your child’s safety and your family’s financial security are too important to leave to chance. Take action to protect your rights and get the help your family deserves.