top of page
  • Leitner Varughese

Take These Steps Right Away If Your Child Gets Hurt by a Defective Toy

toddler playing with toy cars

There’s nothing scarier than seeing your son or daughter hurt. While you can’t shelter your children forever—as much as you might want to—you probably feel responsible every time they sustain even the smallest bruise or scrape.

Chances are such injuries are never your fault, but there are scenarios in which someone else is definitely to blame. If your child was hurt while playing with a defective toy, for example, the engineer or manufacturer is probably liable.

Although you can take action against them, you’re going to have to put together a strong personal injury claim in order to secure a payout. If you’re wondering how to get your case off the ground, here are some of the most important steps to take:

1. Arrange for Prompt Medical Care

Naturally, your first priority will be your child’s health, so take them to the emergency department, a local urgent care center, or their pediatrician as soon as possible. Even if they seem relatively fine, they may have sustained injuries that aren’t manifesting any immediate symptoms but still demand prompt care.

In addition to protecting them, taking your son or daughter to the doctor right away will start a paper trail linking the accident to their injuries. This will come in handy later, when you have to prove causation.

2. Preserve Evidence from the Accident

If possible, save the toy in question, as well as its original packaging and any associated instruction manuals. Put everything in a safe place, so your child won’t get hurt again, until you can give it to your legal team. Other evidence from the accident that’s worth saving includes video footage of your child playing, photographs of the aftermath, and statements from eyewitnesses.

3. Record Associated Expenses

As soon as you start incurring expenses related to your child’s injuries, start logging them. Examples include medical bills, lost wages from missing work, and the cost of any reasonably necessary replacement services.

4. Call a Local Personal Injury Attorney

While you’re entitled to represent yourself, you have enough to worry about without having to take on a major manufacturer. Thankfully, a seasoned personal injury lawyer can assist with every aspect of your claim. When comparing attorneys in your area, look for someone who possess the following:

· Relevant experience with product liability in general and defective toys in particular,

· Accessibility,

· A track record of success,

· Trial experience,

· Honesty,

· Integrity, and

· Compassion.

Speak with a New York Product Liability Attorney

Was your son or daughter hurt by a defective toy? To see if you have grounds for legal action, turn to Leitner Varughese.

Get the knowledge, resources, and experience of a powerhouse practice backing your every move during the subsequent claims process. To schedule a free initial consultation with a product liability lawyer in New York, complete our Online Contact Form or call 855-585-2969. We counsel clients in New York City, Long Island, and across the rest of the state.


bottom of page