As a parent or caregiver, you want to ensure the safety of children in your care. Toys are an important part of a child’s life, but they can also pose a danger if they are defective or poorly designed. Injuries from dangerous toys can be serious, and in some cases, even life-threatening. In Illinois, personal injury laws are designed to protect victims of unsafe toys. If your child is injured by a toy, here’s what you need to know.
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Types of Toy Injuries
Toys can cause a variety of injuries, including cuts, bruises, broken bones, and even brain injuries. Some common toy injuries include:
- Choking or suffocation: Small toys, balls, or balloons can pose a choking hazard to young children.
- Burns: Electrical toys, battery-operated toys, and chemistry sets can cause burns.
- Cuts and lacerations: Sharp edges or broken parts on a toy can cause cuts and lacerations.
- Eye injuries: Toys that shoot projectiles or have sharp points can cause eye injuries.
- Traumatic Brain Injury (TBI): High-impact toys or toys that a child falls from can cause TBI.
Who is Liable for Toy Injuries?
If your child is injured by a dangerous toy, you may be able to hold the manufacturer, distributor, or retailer liable for your child’s injuries under product liability law. To be successful in a product liability case, you must prove that the toy was defective or unreasonably dangerous, and that the defect was the cause of your child’s injury.
What to Do if Your Child is Injured by a Toy
If your child is injured by a toy, there are a few steps you should take to protect their health and your legal rights:
Seek Medical Attention
The first and most important step is to seek medical attention for your child. Even if your child appears to be fine, get them checked out by a doctor to ensure there are no internal injuries.
Preserve Evidence of the Defective Toy
It’s important to preserve the toy as evidence in case you decide to pursue legal action. Keep the toy in a safe place and take photos of the toy and the injury.
Report the Defective Toy
You should report the defective toy to the Consumer Product Safety Commission (CPSC). This agency is responsible for protecting consumers from unsafe products. You can report the defective toy by phone, online, or by mail.
Contact a Personal Injury Lawyer
If your child is injured by a defective toy, it’s important to speak with a personal injury lawyer as soon as possible. A lawyer can help you understand your legal rights and options, and can guide you through the process of pursuing a product liability claim.
Illinois Statute of Limitations
In Illinois, the statute of limitations for product liability cases is two years from the date of the injury. This means that you must file a lawsuit within two years of your child’s injury, or you may lose your right to pursue a claim.
Conclusion
Toy injuries can be serious, and in some cases, life-threatening. If your child is injured by a toy, it’s important to take steps to protect their health and your legal rights. Seek medical attention, preserve the toy as evidence, report the defective toy to the CPSC, and contact a personal injury lawyer. By following these steps, you can ensure that your child receives the compensation they deserve for their injuries.