As a consumer, you assume that the products available for you to purchase at stores are safe. Several government agencies make sure all goods available to the general public are safe to consume or use. From vehicles to food, a specific government body is assigned to make sure that the consumer products that go for sale will not cause injury, property damage, or death. With these measures in place, you can have peace of mind knowing that the things that you use at home or consume with your family will not cause harm. However, what do you do when the product you bought causes your family injuries? Especially baby products that can cause grave danger to young children?
Product liability laws can help you when it comes to defective baby products. From strollers to toys, you have the right to file a suit when these things cause your child any harm. California has one of the most consumer-friendly liability laws in the country. Product liability claims in California are primarily grounded on the theory of strict liability, meaning that the plaintiff doesn’t need to demonstrate the defendant’s negligence, instead, to win a case, they have three options to pursue, each requiring to be proven in court.
The first option is the manufacturing defect. Manufacturing defect means that the finished product that the consumer bought departs from its intended design. Some examples of this are the use of incorrect screws or bolts on mechanical parts of a baby stroller or the incorrect attaching of components which could happen to changing tables. These things could lead to terrible children injuries, and in the case of the stroller, the person who’s pushing the stroller could also suffer injuries.
Defective design means that the product has foreseeable risks on its intended use and that the manufacturers did not adopt a reasonable alternative design that could lessen these risks. A reasonable alternative design is something that a manufacturer would be able to produce within their means and would not hinder the product’s original purpose. For example, if the manufacturer of a crib has openings that are big enough to fit a child and it’s proven that making the opening smaller is a reasonable alternative design, then the manufacturer will be held liable for any injury caused by the crib.
Sometimes, a product is still dangerous even if it was manufactured and designed correctly. In these situations, the manufacturers should include warnings and instructions for their products. Children’s toys should always have the age-appropriate labels on them, especially smaller toys that could easily fit on a child’s nostrils or could easily be swallowed.
Even if you try to be as careful as possible when choosing products to help you raise your child, there will be times when it’s out of your hand. If your baby gets injured because of a defective product, it’s best to consult an attorney with expertise in product liability claims. Defective product claims can be very complicated and having a lawyer on your side to provide you with legal advice and guidance may be the key to a successful claim.
Did your child suffer injuries because of defective products? Contact us at Hogan Injury for expert legal advice.
None of the content on Hoganinjury.com is legal advice nor is it a replacement for advice from a certified lawyer. Please consult a legal professional for further information.