Holidays are typically times where we can enjoy family, delicious meals, and celebrations. The last thing that we expect is for a gift that another gives us to result in our injury. But unfortunately, defective products and design flaws often go unnoticed until it’s too late. And in some circumstances, these defective or flawed products result in significant injuries to us and others.
With that said, who is to blame for our injuries from a defective product given as a holiday gift? Let’s discuss what you should watch out for while giving and accepting gifts, and what to do if you suspect that a product you received caused your injury.
Who is liable when a dangerous or defective product injures someone?
When someone suffers an injury while using a product, they may think that they are at fault. However, this is not always the case, depending on what the product is and whether it was used as intended. If you believe that your injury is due to a defective product, it is always a good idea to discuss your accident with an attorney.
Typically, it is the manufacturer’s duty to provide safe products to consumers. They generally oversee the manufacturing of the products they sell to consumers. Therefore, it is their job to locate and stop defective products from being sold. Failure to do so can show negligence on the manufacturer’s behalf.
With that said, sometimes a manufacturer does not need to be negligent to be found liable for your injuries. This is true with products that are inherently dangerous or come with known health risks. Although this adds some complexity to defective product cases, it gives peace of mind to consumers who know that manufacturers must sell products that are as safe and reliable as possible.
What holiday gifts most commonly have defects?
Over the holidays, a lot of our gift-giving centers around providing toys to children. Unfortunately, children often lack caution while using toys, which can lead to injury. Although a majority of toy-related injuries do not lead to serious health consequences, some do lead to hospitalization and even result in fatalities.
Here are some of the most common causes of toy injuries:
A toy presents a choking hazard.
Children’s toys are often small and may contain small pieces that children put in their mouths. If a child chokes on or swallows an item not meant for consumption, this is often a serious incident that requires medical treatment. This is something to watch out for with gifts that are not preassembled, which often contain several small parts.
A toy presents a suffocation risk.
A toy itself or even its packaging could be a suffocation risk for a child. Even if someone suffers an injury from packaging, the manufacturer may still be at fault. This is the case if the manufacturer fails to warn about suffocation risks with the product or packaging.
A riding toy, such as a scooter or another children’s transportation device, can lead to an accident.
The most common accidents occur with riding toys. This can involve non-motorized items like bicycles and scooters, or powered ride-on vehicles. These accidents often involve a misunderstanding of how to operate the riding toy. For example, injuries often occur when a child rides their toy into a body of water or on unfamiliar terrain.
What should I know about product liability?
There are several types of product liability claims to know. Defective products, defective designs, and a failure to warn are different types of product liability that can determine how you prove your holiday defective product claim.
A defective product alone is not a reason to bring forward a claim. Instead, the use of a product must lead to specific injuries and damages that you can prove in court. An attorney will help you determine whether you have a case. They can also help you determine which party or parties are liable for your defective product injuries.
What should you do next if you received a defective product that caused your injuries?
Whenever a loved one purchases a gift for a family member or friend, they expect that gift to work properly. If you have purchased or received a defective product that accidentally injures you, we can help. The law offices of Lytal, Reiter, Smith, Ivey & Fronrath will explain complex product liability claims in terms that you understand.
Contact us using the live chat feature on our website, or by phone at (561) 655-1990. During your free consultation, we can help you decide whether to file a lawsuit and determine what your next actions should be. Contact us today.