When consumers buy products they assume them to be safe for use. If the product carries some risks with it, consumers expect to see labels warning of the dangers posed by the product. Unfortunately, in some instances, a dangerous product is placed on the market without any warning to consumers. As is evidenced by a recent case, this manufacturer negligence can cause serious injuries.
Two parents, who have filed suit against Toys ‘R’ Us for products liability and breach of warranty, have settled with the manufacturer of a toy stroller that caused their child to lose an eye. The product at issue was a toy stroller that was prone to tipping. One of the stroller’s curved handles pierced the child’s eye after the toy tipped and the child fell, resulting in the eye’s permanent removal.
It is nothing short of tragic when individuals are harmed by a defective product. The victim may end up with a permanent disability that requires long-term care that can be physically and emotionally difficult, and financially trying. Fortunately, legal action can ease these burdens.
To succeed on a product liability lawsuit, a victim typically must prove, amongst other things, the manufacturer made the product, the product was defective, and the defect caused the victim’s injuries. One question that often arises in these cases is whether a warning label on a product provided the consumer with sufficient notice of the danger. If the label did not reasonably warn of the danger, then the manufacturer may still be found liable.
Once successful on a claim, a victim can obtain compensation. These awards can be used to cover medical expenses so that the victim can focus on a full and speedy recovery.
In addition to getting victims the money they need and deserve a products liability lawsuit helps ensure that dangerous products are taken off the market. Then, manufacturers will take the necessary precautions to guarantee their products are as safe as consumers expect.
Source: New York Post, “Family sues Toys ‘R’ Us after toddler loses eye in stroller accident,” Bruce Golding, Feb. 8, 2013