My child was injured by a defective product, can I file a personal injury claim on behalf of them?
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A poorly manufactured or designed product can pose a safety hazard, and risk, to any consumer. However, when a child is using the product and is harmed, the concerns may be elevated.
Any company of a product designed for a child has the responsibility to ensure it is safe. When this duty is not met, and an injury results, they may be held liable for medical treatment, ongoing care, and other losses.
If you are the parent of a child who was injured because of a defective product, you may be able to pursue a personal injury claim. These types of claims are generally very complicated and often involve multiple parties. Seeking compensation should only be done with the help of a qualified personal injury lawyer.
Examples of Products that May Injure a Child
A child is still in the process of developing; thus the chances of suffering a catastrophic injury from a defective product is higher. For this reason alone, it is important to monitor everything your child will use, or play with, to ensure it is safe.
The following products are the most commonly known to cause an injury because of poor design, manufacturing defects, or low quality materials:
Cribs – A defective crib can cause serious injury or death to babies and small children. In the past, defective cribs have caused children to become trapped between the slats, become suffocated from materials, or fall from a collapsing part.
Strollers – Strollers of all sizes have been known to be poorly designed or have defective hinges which have led to children losing limbs, falling onto the ground, or becoming trapped and suffocated.
Car Seats – A defective car seat can lead to strangulation, entrapment, suffocation, and failure to provide the intended protection in the event of a car accident.
Toys – Every year thousands of children are injured by a defective toy. Small parts can cause choking, sharp edges may lead to lacerations, motors may cause an electrocution or burns, and other parts could lead to suffocation.
Product Liability Claims on Behalf of a Child
When a product design, low quality material, or other flaw causes injury to a child, the parents may have the right to pursue a claim on the behalf of the minor. Damages for the following may be recovered:
- Medical care
- Ongoing rehabilitation and therapy
- Home or car renovations/modifications
- Pain and suffering
- Diminished quality of life
- Loss of income
Because these cases involve a child, a personal injury lawyer may also take into consideration financial losses that have been experienced by the parents because they are having to care for the child. It is often difficult to determine the value of a child product liability case because it is not 100% possible to know how the child’s future, development, or growth may be affected. For this reason, a number of professionals including doctors, therapists, psychologists, and economists may needed to be called upon to help determine a numerical value that is fair and just.
Has Your Child Been Injured Because of a Defective Product?
If your child was injured because of a product defect, no matter what the product was, you should consult a product liability lawyer Longwood, FL trusts as soon as possible.
Thank you to our friends and contributors at David & Philpot, PL for their insight into personal injury and defective products.