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When you give children a toy, the goal is to keep them happy and occupied. But all too often, toys have defects or possess an unexpected hazard or danger that causes injuries to children, and sometimes even leads to death.
Companies that make and sell toys and other products for children have legal obligations to make safe products and to warn of any inherent dangers. When they fail to do so, and your child is seriously injured or killed by a defective toy or product, you may be able to hold the product’s manufacturer, distributor, seller, and any other responsible party liable for damages through insurance or a lawsuit.
While no amount of money can make up for the tragedy of an injured child, compensation can relieve you of your financial burdens and pay for medical and rehabilitative care your child may require into the future. It can also bring a sense of justice and help prevent similar damages to other children in the future. However, Alabama laws are complicated, and toy manufacturers and their insurers have high-powered lawyers on their side who will attempt to get you to settle for the lowest amount possible or deny claims altogether, so it you do not want to go up against them on your own.
At this difficult time, when your child’s recovery is your main concern, an attorney experienced with toy injury claims can help. At Caldwell Wenzel & Asthana Injury Lawyer, we are fully prepared to take the burden off you by handling all the legal hurdles, investigations and negotiations a successful lawsuit requires. We offer a free consultation to discuss your case and determine the best way to move forward, so call us today.
When dealing with sensitive issues involving injuries to children, it is important to find an attorney who is compassionate and understanding, as well one with the experience, skills, resources, and knowledge of Alabama laws needed to win the settlement you deserve.
At Caldwell Wenzel & Asthana Injury Lawyers, quality client service is a top priority. Here are some reasons why we believe you should choose us to represent you:
Our defective toy attorneys know that time is of the essence in investigating and building a case while evidence and witnesses are available. When you retain us, we start working for you immediately. We will:
The U.S. Consumer Product Safety Commission (CPSC) has announced the recalls of many dangerous toys, but hazardous items that cause harm to children remain on the market. For small children, injuries or death often occur from choking on items such as small balls, balloons and tiny toy parts that break off or from being entangled in toys. Other serious injuries from unsafe toys include burns, electrical shocks, puncture wounds, and eye and ear injuries. Toy manufacturers, distributors, and sellers should be aware of potential hazards to children, and they have a duty of care to ensure that their products are safe and do not cause harm.
Alabama has an extended manufacturer’s liability doctrine (AEMLD), which holds manufacturers liable for the injuries caused by their products. To win a case under the AEMLD, our attorneys must prove that that the product reached you without substantial alteration and that your child suffered damages due to a product’s defects which made the product unreasonably dangerous to children.
When harm to children from defective toys and products occurs, a lawsuit in Alabama may be brought under the AEMLD based on negligence, breach of warranty, or strict liability.
Strict liability — Most product liability cases involve strict liability. This means that our attorneys do not have to prove negligence, but must show that the product had a defect or did not provide adequate safety warnings and this led to an injury to the child.
Negligence — Proving negligence legally means showing that the following elements exist:
Breach of warranty claims are based on the contract between the defendant and the plaintiff that a product will perform in a particular way and was free of design, manufacturing, or labeling defects.
Design defects are flaws that make the product dangerous, even if used correctly.
Manufacturing defects are defects that occur during the process of the product’s being manufactured, even if designed correctly.
Marketing warning or labeling defects occur when manufacturers fail to provide all information or warning labels needed to use a product safely.
In some product liability cases, there may be several possible defendants, since many different parties play a role in the development, production and distribution of a product. For example, in addition to a case against the manufacturer, you may also be able to bring a claim against a designer, the seller, the wholesaler or even someone who modified the product.
Our Mobile defective toy lawyers will look to identify all possible defendants and hold them liable as they all may have assets and insurance that can go toward a settlement.
In a successful Alabama injury lawsuit, our defective toy attorneys may recover an award for damages, the costs and losses that result from the injuries. These include:
Economic damages with a stated monetary value, such as:
Non-economic damages that do not have a specific dollar value but negatively impact your quality of life, such as physical and emotional pain and suffering, disability, and loss of quality of life.
Damage award amounts can vary greatly in a defective toy case, from the thousands to millions of dollars. Juries tend to be sympathetic when a young child is injured, but the amount you receive will depend on individual circumstances and factors such as the extent and permanence of the child’s injuries and the costs and care required into the future.
When you have an injured child, you are bound to have questions and concerns. Many will be answered at your initial consultation, but to get started, here are some answers to questions our attorneys are most frequently asked:
Should I speak to the insurance company?
No, the goal of insurance companies is to pay out as little as possible, and they often use tactics to trick you into accepting a settlement for less than your case is worth or get you to say something that indicates the child was at fault for the injuries received. Let your defective toy attorney handle all contact with the insurance company.
Are there time limits for filing a case?
Yes, according to Ala. Code § 6-2-38, there is a statute of limitations, a deadline for filing injury cases, that is generally two years from the date the damage occurred. If you fail to file on time, the courts are likely to dismiss your case.
What if my child died from a defective toy or product?
In the case of a child’s death, our wrongful death attorney can help you by pursuing punitive damages against the liable party through a wrongful death lawsuit that seeks to punish the responsible party through a punitive damages award. This award is paid directly to the heirs of the deceased person, and not made part of the estate, so direct family members are most likely to receive the money.
Our Mobile defective toy attorneys know what a difficult time this is for you and will be there for you throughout the entire legal process to answer questions and concerns as they arise.
The Mobile defective toy attorneys at Caldwell Wenzel & Asthana Injury Lawyers have the skill, experience, and commitment to fight for maximum compensation for you and your injured child. We are compassionate and understanding and also provide aggressive, results-oriented legal representation. Other attorneys and insurance companies know that when we are handling a case, we will be prepared to take it all the way to trial.
Put our skilled, experienced product liability lawyers to work on your case now, while evidence is fresh and witnesses can be found. We work on a contingency-fee basis, so we collect no fees unless and until we win your case.
Call (251) 444-7000 today to schedule a free, no-obligation case consultation.