Louisiana Products Liability: Defective Toys
One of the worst possible types of Louisiana personal injuries that can occur is to have a child injured by a defective and/or dangerous toy. Most parents know that they must be constantly vigilant about what toys they buy and allow their children to play with. But, despite best efforts, sometimes children are injured by dangerous and defective toys. Here in Louisiana, if your child is injured by a defective toy, you have the right to sue to recover money damages to compensate your family for any and all injuries sustained.
Toys can be dangerous in many ways. They can have pointed and sharp edges that can cause cuts, abrasions and injury to soft areas of the body like the eyes. Toys with projectile elements can cause similar cuts, abrasions, blunt force trauma, and damage to the eyes. Toys can also have small parts that can break off and be ingested by a child. This can result in choking or, if swallowed, can cause intestinal blockages or other complications. Some toys also contain dangerous substances which can give off toxic vapors and can be dangerous if swallowed. Toxic fumes can be particularly dangerous if a toy comes in contact with a high heat source like a fire or space heater. Toys containing electronics can also be dangerous if the electronic parts overheat or short out causing burns or shocks. This is similarly true for toys that use electricity and must be plugged in. In extreme circumstances, defective toys can cause life-threatening injuries to a child.
Legal liability for dangerous toys is governed by the Louisiana Products Liability Act. See La. R.S. 9:2800.51 et seq. In general, there are three possible legal theories that might apply:
- The toy was defectively designed
- The toy was defectively manufactured or
- The were inadequate safety warnings provided
In many of these types of cases, the manufacturers and retailers of the dangerous/defective toy can be brought to justice. Prosecuting Louisiana products liability cases is complicated legally and practically. For example, testing and examination by engineering and scientific experts is commonly required. In general, a plaintiff must provide expert reports and testimony to prove a Louisiana products liability case. Failure to provide expert testimony can lead to your case being dismissed. See, for example, the case of Certain Underwriters At Lloyd’s London v. US Steel Corp., Case No. 2018 CA 0592 (La. App., 1st Cir. 2019). So, if your child has been injured, it is essential for you to retain the help of experienced and proven Louisiana products liability attorneys like the ones at Mansfield, Melancon, Cranmer & Dick, LLC.
What Should You Do?
If your child has been injured by a dangerous toy, the first step is to seek medical care and ensure that your child fully recovers from any injuries. It is also crucial to retain the toy that caused the injury and any other evidence — such as photographs or video — related to the injury. It is also important to keep track of medical bills and other out-of-pocket expenses that are caused by the injury. These are the types of damages that can be recovered from the manufacturer or retailer.
Our Attorneys Can Help
If your child has been injured by a defective toy, contact the dedicated Louisiana products liability lawyers at Mansfield, Melancon, Cranmer & Dick LLC. We have a proven track record of success with many types of Louisiana personal injury cases. Contact us by calling one of our offices: New Orleans at (504) 500-1108, Baton Rouge at (225) 612-0800, or Lafayette at (337) 409-0003. You can also request a free consultation by using our “Contact Us” page.