5 Kinds of Evidence That May Contribute to Your Defective Toy Claim

If your son or daughter was hurt by a defective toy, your family may have grounds for legal action. Although filing a claim won’t erase your child’s injuries, it could yield the money needed to arrange for adequate care so he or she can make a full recovery.

In order to secure a payout, though, you’ll have to present adequate evidence of both liability and damages. While the strongest proof will depend on the facts of the case, it will likely include the following:

1. The Toy in Question

Assuming you still have it, the defective toy will serve as a valuable piece of evidence. You should also save its original packaging, any instruction manuals that came with it, and the proof of sale.

2. Photographs or Video Footage

If you have any images or recordings of your child playing with the toy—even if they’re not of the actual accident—they could contribute to the strength of your claim. In order to win your case, you’ll have to prove that your son or daughter was using the toy as instructed. Naturally, photos and videos can help you do just that.

3. Schematics

If your child was hurt because the toy had a design flaw, the schematics should help you prove as much. Since the manufacturer is unlikely to release these designs without legal pressure, though, you’ll likely need to file a subpoena in order to obtain them. Thankfully, a product liability attorney can help.

4. Eyewitness Deposition

If the accident wasn’t captured by cameras, you’ll need statements from those who witnessed it to corroborate your claim. If you were present when your child got hurt, write down everything you can remember about the incident as soon as possible, and remember: No detail is too small to record.

Then, ask anyone else who witnessed the accident to do the same. Give these statements to your legal team for review and safekeeping.

5. Medical Records

Your son or daughter’s medical records will help you prove two critical elements during the claims process: that there is a direct link between the accident and your child’s injuries and that your family incurred actual damages as a result. Such records might include hospital logs, diagnostic images, prescriptions, and insurance statements.

To further bolster your claim, you’ll likely need testimony from your child’s primary care provider. Depending on the extent of his or her injuries, you may also need statements from various medical specialists who can speak on the long-term prognosis.

Discuss Your Case with a Product Liability Attorney in St. Cloud

If someone in your family was hurt by a defective toy, contact Bradshaw & Bryant. Our compassionate team will provide the strategic counsel you need and the personalized attention you deserve.

By letting us handle every aspect of your claim, you can focus on taking care of your son or daughter, so he or she can make a full recovery. Call 320-259-5414 or complete the Contact Form on our website to schedule a free initial consultation with a product liability lawyer in St. Cloud.