5 Steps to Take After Your Child Is Injured by a Defective Toy

Children are naturally creative and curious, so there’s no way to predict all the ways a child might play with a toy. Companies that design and manufacture toys must take this into account to ensure their products are reasonably safe for kids.

Unfortunately, millions of potentially dangerous toys hit the shelves every year. For this reason, it is wise to review The Toy Association’s regularly updated list of recalled products when shopping for children. Safe Kids Worldwide also tracks toy recalls monthly.

While scanning such lists can reduce the chances of buying a defective product, it’s still possible to purchase a dangerous toy without realizing it. Perhaps it has a rare flaw and was never recalled, or maybe it is so new that it has yet to call the attention of the Consumer Product Safety Commission.

Regardless of the circumstances, you should take the following steps if your child has been injured while using a defective toy:

1. Seek Medical Care 

If the injuries do not appear to be life threatening, take your child to a local urgent care center. There should be at least a few in your area that are open 24 hours a day. Otherwise, head to the emergency department for immediate care. 

2. Preserve the Toy 

Once you get home from the hospital or urgent care center, find the toy and put it in a safe place where the child cannot access it. You should also store the original packaging and purchase receipt. 

3. Compile Evidence of Damages 

Save the medical records from every doctor’s appointment including any diagnostic images, and start photographing your child’s injuries daily. It is also wise to start a journal in which you document your child’s recovery. These entries can serve as evidence to prove damages. 

4. Research the Toy 

Look up the defective toy online. If it has been recalled, save any information you find regarding the defect, especially statements from the manufacturer. If it has not been recalled, you may still find various forums on which other parents discuss the same problem. Print any comments that mention the defect to bolster your claim. 

5. Call a Product Liability Lawyer 

When you’re ready to commence the claims process, call a personal injury attorney. Hiring Bradshaw & Bryant to handle the logistics of your case will allow you to focus on caring for your child while the claim proceeds in good hands.

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

If you or someone in your family was hurt while using a defective product, contact Bradshaw & Bryant to discuss your case. For six consecutive years, attorney Michael Bryant has been recognized as a SuperLawyer and has been named among the state’s Top 40 Personal Injury Lawyers by Minnesota Law & Politics. Call 320-259-5414 or fill out our Contact Form to schedule a free case evaluation with a product liability lawyer in St. Cloud.