North County San Diego Injury Lawyers
Consumer products that are designed for children, as well as those that are commonly used in Carlsbad households with young kids, can pose serious dangers when they have defects. Given that there are several different kinds of product defects, consumer and household products can have a very wide range of flaws. In some cases, there is something wrong with the product, such that anyone using it could get hurt. Yet, in other circumstances, products may not have appropriate warnings for parents and caregivers concerning risks to young children. Product defects are responsible for many kinds of child injuries, and kids can sustain debilitating and life-threatening harm. If your child was injured by a defective product, it is important to seek legal help right away.
Common Types of Defective Products That Harm Children
Nearly any type of consumer product with a defect could cause injuries to children, although some types of products with defects are more commonly associated with child product liability cases than others. Some examples of common types of defective products and injuries that harm kids include but are not limited to:
- Furniture without proper wall attachment pieces due to tip-over injuries;
- Swallowing dangers with laundry pods, watch batteries, and toys with smaller parts;
- Suffocation risks from certain clothing items;
- Burn injuries from cooking products;
- Toys that can cause cuts and lacerations;
- High chairs, cribs, and strollers that can lead to falls; and
- Medications that cause birth defects or birth injuries.
Elements of a Product Defect Claim in California
The elements of a product defect claim in connection with a child injury will depend on the type of product defect: design defect, manufacturing defect, or marketing defect. With design and manufacturing defects, there is something wrong with the product itself — even if the product is used properly, it is unsafe for use. With marketing defects, there is something wrong with how the product was marketed, or consumers were not adequately warned about risks involved in using the product as it was intended or risks associated with foreseeable uses of the product.
Most product liability cases in California can be brought under a theory of strict liability, which means that it will not be necessary to prove the manufacturer’s negligence, for instance, but merely that the product was used in an intended or foreseeable way and that injuries resulted. Generally speaking, California law gives injured plaintiffs two years from the date of an injury to file a product liability lawsuit, but children can usually pause (or “toll”) the statute of limitations until they reach the age of 18. To find out more about filing a claim after your child’s injury and the timeline you will need to follow, you should speak with an injury lawyer who handles product defect claims in California.
Contact a Carlsbad Personal Injury Lawyer Handling Product Liability Cases
Defective products can result in a wide range of injuries to people of any age in Southern California, including children. Whether your child was injured during the use of a children’s product with a design or manufacturing defect or a general household product without an appropriate warning concerning risks, you could be eligible to file a product liability claim. It is important to discuss the details of your case with a Carlsbad personal injury attorney who can help. Contact the Walton Law Firm today to begin working on a claim.
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