As a parent, one of the greatest joys is buying new toys for your little one to play with. Seeing the smile on their faces and hearing their giggles of delight is a perfect return on investment! In some cases however, that joy can quickly turn to horror if your child is injured by mislabeled toy.
An injury can occur when playing with just about any toy but when the injury is caused by a mislabeled toy, the incident can quickly become a legal one. A few examples of a mislabeled toy that could cause an injury include:
- The toy is labeled as SAFE for children of a younger age than was supposed to be included on the package.
- The toy does not indicate that certain pieces of the toy may come apart and become a choking hazard.
- The toy does not list that it contains sharp edges that could cut a small child when playing with it.
You may feel completely helpless if such an incident arises. There may have been no way to avoid the injury due to the mislabeling of the toy, but here are steps you should take to help the situation:
- Take your child to the doctor or emergency room immediately- As a parent, this step is likely a no-brainer. If your child is injured in any way from a mislabeled toy, seek medical care immediately. Even if you believe the injury was not severe, it is best to allow a medical professional to examine the child to make that determination. In addition, doing so will provide records of your visit that will help support your case against the toy manufacturer should you decide to file a lawsuit.
- Contract the services of a law firm that handles such cases- While the thought of filing a lawsuit may not be your first inclination, doing so may be an extremely wise move. A lawsuit holds the manufacturer accountable and forces them to do a better job of proper labeling can help keep safe other children who may have suffered a similar injury as a result of the mislabeling.
- Gather as much information and evidence as you can to help support your case- Once your child has been checked out by a medical professional, you should do your best to gather any information or proof of the incident to support your case. This can include pictures of the toy along with the packaging showing the proof of the mislabeling, pictures of your child (if injuries are visible) and certainly any medical records/receipts that arose from the injury. The stronger your case is, the more likely you will receive proper compensation and ensure that the manufacturer takes action to avoid such an injury ever happening again.
While we all hope to never be in such a situation, if mislabeling of a toy causes your child injury, make sure to follow the recommendations above to help the incident come to a successful end for you and your child as quickly as possible.
