Has your child been hurt in Philadelphia due to a defective children’s product? If so, your child may be struggling with injuries that could have been avoided. You might also be wrestling with the complex emotions any parent can feel at this time. On top of that, your child’s injuries could require costly medical treatment you’re not prepared to pay for.
In these circumstances, you may be able to seek compensation by filing a product liability claim. While no amount of money can compensate you for the pain you might feel when your child is harmed, compensation can help you limit your future burdens.
Speak with a Philadelphia defective children’s products lawyer at Cooper Schall & Levy for more information. A compassionate attorney could help you pursue the compensation you and your child deserve. Contact us today to review your case and discuss legal options.
Common Defective Children’s Products
Defective children’s products come in many forms. Common examples include:
- Strollers
- Car seats and booster seats
- Cradles and cribs
- Toys
- Clothing
- Playpens and playground equipment
Any children’s product could theoretically be defective. If your child is hurt due to a product defect, do not get rid of the product. Store it in a place where its condition will remain unchanged, and no children will have access to it. The product itself may play an important role in a future case.
Injuries Resulting from Defective Children’s Products
The types of injuries defective children’s products may cause can vary from one type of product to another. Consider the following examples:
- A defective car seat may increase a child’s risk of being hurt in a motor vehicle wreck.
- Defective children’s clothing may increase a child’s suffocation risk or burn risk (if a defect allows clothing to ignite easily).
- Defective toys can pose choking hazards.
Seek medical care for your child immediately if you believe they’ve been injured. Save copies of their medical records. Before storing the product that harmed your child, take pictures of the product from multiple angles. Taking photographs is particularly important if the defect is visible.
3 General Types of Defects
A defect that renders a children’s product dangerous may belong to one of these categories:
- Design defect—A design defect is a dangerous condition that is part of a product’s design. Even if a manufacturer produces an item as intended, it may cause harm because of an underlying design flaw.
- Manufacturing defect—Some defects arise during manufacturing processes. For example, a manufacturing error could result in small parts of a toy becoming loose. A child could choke on these parts.
- Marketing defect—A product’s packaging or marketing materials should provide information regarding how to use it safely. If any inherent dangers are involved in using a product, its packaging or similar marketing content should alert consumers accordingly. A marketing defect occurs when this type of essential information is lacking or non-existent.
Compensation for Defective Children’s Products Injuries in Philadelphia, PA
If your child has been hurt by a defective product in Philadelphia, you may be able to seek financial compensation on your behalf. You might be eligible to receive compensation for various economic losses (losses with a clear dollar value) resulting from your child’s injuries, such as medical bills and related expenses.
Economic losses could include losses you or your child will incur in the future. For instance, maybe your child’s injuries are severe enough that they will require ongoing care for several months or years. Account for such potential future losses when negotiating a settlement.
Depending on the circumstances, you may also be able to pursue compensation for non-economic losses, which don’t have exact dollar values. A common example of a non-economic loss that may result from defective children’s product injuries is pain and suffering.
Assigning dollar values to future and non-economic losses often requires applying specialized formulas. A legal professional could assist with this task.
Defective Children’s Products: Filing a Product Liability Claim in Philadelphia
The Pennsylvania Product Liability Act allows consumers to file claims or lawsuits against product manufacturers, designers, or sellers under the legal theory of strict liability. This means a consumer doesn’t need to prove that a liable party was “negligent” (unreasonably careless) in any capacity to show they deserve compensation. If a product causes harm, a victim may be eligible to receive compensation without revealing they were harmed because of anyone’s actions or carelessness.
However, a consumer may still need to prove the product caused the injuries in question. They might also have to show they didn’t “substantially alter” the product in such a way as to render it dangerous.
In addition, they’ll have to determine which party is liable. Once they identify the liable party, consumers can file a claim with their insurance.
An insurance company won’t always offer a fair settlement. Although the goal may be to settle a claim out of court, a consumer can file a lawsuit if the insurance company doesn’t offer what they deserve.
How Long Do You Have to File a Defective Children’s Product Lawsuit in Pennsylvania?
The statute of limitations requires you to file a product liability lawsuit within two years of your child’s injury. Take legal action quickly, or you may be unable to sue for compensation.
Contact a Philadelphia Defective Children’s Products Lawyer
Hiring an attorney when seeking compensation for your child’s injuries is wise for many reasons. A lawyer can help by reviewing your case, documenting losses and determining how much you may be owed, filing paperwork on your behalf, and negotiating with the claims adjuster if the initial settlement offer is too low.
At Cooper Schall & Levy, we understand how painful it can be to see your child struggle because a defective product harmed them. A Philadelphia defective children’s product lawyer with our firm can help you hold the liable parties accountable. Learn more about what we can do for you by contacting us online today for a case review.
