Last week we touched on possible injuries that your child may fall victim to while at school. This week, we will explore hidden dangers at home that may make third parties responsible for your child’s accident or injury.
In the media, we often hear about these dangers including toy products that were negligently designed or manufactured, or those that had design defects regarding size, coloring, paint, or other specific characteristics that made them dangerous to children.
Just recently, two major household products were recalled in significant quantities: five varieties of a spill-proof “Tommee Tippee Sippee Cup” and two organic Gerber baby food products, reminding us that this is a real problem that can happen to our children.
Products Liability and Personal Injury
The recalls on these products generally fall under the purview of “products liability” law. For all intents and purposes, a products liability claim is generally akin to a personal injury action and the legal rights and remedies are similar—the main difference is the party or parties being sued.
Though technically two different areas of the law, products liability and personal injury cases overlap in many ways. Products liability claims are asserted against a manufacturer, designer, distributor, or store and can include damages for personal injury. There may also be a legal remedy designed to punish the wrongdoer for their actions to deter future similar conduct.
Personal injury actions are usually attributed to a specific person or entity and have a broader range of possible defendants than products liability cases do, though there may also be a legal remedy designed to punish for negligence in both types of cases.
The prevalence of recalls in children’s products specifically is alarming. According to a report by Kids in Danger, in 2014, approximately 25% of the reported recalled products were designed for children’s use. While many of these recalls may be due to small products that can cause danger if ingested, many others are household, daily-use items, much like the recently recalled sippy cup and organic baby food.
Unlike adults, children are often unable to communicate their injuries or illnesses, making these potential dangers a serious threat to your child’s overall health and safety.
San Diego California Child Injury Lawyers
To keep abreast of possible recall issues, it is important to follow the news as well as to check the Consumer Product Safety Commission website, which maintains a list of alerts. The FDA and recalls.gov are also reputable websites that post information regarding product recalls that may harm you or your family.
It should be noted that technology has made it easier to report possible defects, so it is possible that the prevalence of defects is not actually increasing, but that the instances of reporting is. Increased reporting provides greater opportunity for children to be saved from danger and more likelihood that the companies responsible for this wrongdoing are held accountable.
Any action involving defective products can be difficult to prove and navigate. It is critical to consult with an experienced California personal injury lawyer if you believe you have a legal claim on behalf of your child due to their use of a dangerous toy, defective product, or unsafe food product.
To learn more about how we can help your family recover monetary damages for an accident or injury resulting from use of a defective product, contact our San Diego personal injury law office today.