Colorado Springs Defective Child's Product Lawyers
Representing Children Injured by Defective Products
It is every parent’s worst nightmare to rush their child to the hospital. Sadly, as more children’s products are being manufactured by large, uncaring corporations, injuries as the result of a defective product are being a more common reality. These injuries can leave children scarred, disfigured, and even handicapped, impacting their lives for years to come. Treating a severely injured child is costly, and may leave your family in serious financial difficulty.
However, you should never assume the financial burden if your child was injured by a defective product. The manufacturing companies must take responsibility for their mistakes. We at The Bussey Law Firm, P.C., have the skill and expertise that you need for your claim. Call our Colorado Springs office at (719) 475-2555 and tell us about your case today.
The Different Types of Defect
By sorting defects into different types, it is easier to determine how they were caused, and who is liable for the injuries that came about as a result. Knowing which category your defect belongs in means that you can more easily figure out who to file your claim against.
Design Defect: The first stage of any product release is designing the product. During this stage, multiple tests should be run to make sure that the final design is safe and performs as expected. However, tests are often skipped, or negative results ignored, in order to push a product out as fast as possible. When this happens, the product may be designed defectively, meaning that all products of that line will be defective and potentially dangerous.
Manufacturing Defect: Once a product has been approved for release, it must be manufactured. Oftentimes, third-party factories will be used for this process. If one of these factories does not follow safety guidelines or perform quality control, then some of the products may be made improperly, making them dangerous.
Marketing Defect: It may be the product itself is fine. Instead, the marketing around the product, or the warning label attached to it, could be misleading or flat-out wrong. For example, a cleaning chemical may not be labeled “dangerous to touch,” and so users could neglect to wear gloves while using it, causing damage to the skin. In such a case, the company responsible for the marketing of the product could be considered liable.
When Defective Products Become Dangerous
When products are designed for children, it is particularly important that they are made with care. Children are more fragile than adults, and their ability to use good judgment is not fully developed. This means that toys must not only be safe to play with, but also eliminate certain risks, such as choking. Products aimed at children that could be deadly if defective include:
Toys: Toys should be made with children in mind. As in, there should be no sharp parts that cause injury, no small or removable parts that a child could choke on, and no toxic substances on the toy that could make a child sick. Furthermore, all children’s toys should be properly tested for safety before being allowed on the market.
Medicine: Children require different dosages of medicine than adults. This means that there are often children’s lines of common medicines. If these medicines are not made correctly or kept in proper and clean conditions, then it could cause the child to become sick.
Food: A lot of food is targeted toward children. However, if tainted product, such as lunch meat or vegetables, is used in the food, then it could cause children to become ill. In some cases, the illness could prove to be fatal.
Furniture: A fall that would be insignificant to an adult can cause serious injuries in a child, even brain damage. That is why furniture needs to be built properly. If a highchair collapsed, for example, the child could hit the ground hard, breaking bones and injuring organs.
When Children Are Injured
Sadly, while manufacturers have a responsibility to keep children safe through rigorous testing, these companies will often cut corners to move products out as quickly as possible. When that happens, it often means that unsafe products are sold, and the children are the ones who end up suffering the most. Defective products often leave kids dealing with:
- Broken bones
- Brain damage
- Spinal cord injuries
- Vision and hearing loss
- Loss of limb or amputation
- Organ damage
- Deep lacerations
If your child was injured by a defective product, then you and your family are likely in a state of shock, fear and hopelessness. While the damage done to your child cannot be undone, you can still hold the liable party responsible, and recover compensation for your child’s future.
Holding the Right Party Liable
Products go through a long process of design and testing before they are ready for the market. This means that when a product is defective, there are a number of parties that could be legally responsible. Some of the most commonly liable groups include:
The design company: We have already discussed how a poor design can lead to a defective product. In such a case, the company responsible for the design would also be responsible for the defect and any resulting injuries. Oftentimes design defects will lead to class-action lawsuits, as a wide-sweeping defect means hundreds of injured children.
The manufacturing company: The company in charge of manufacturing the product is not always the company that actually owns the product itself. Larger companies will often hire third-party factories to deal with the actual manufacturing end. If the defect that injured your child was caused by poor manufacturing, then the factory that caused the defect could be liable.
The marketing company: If your child was injured due to an incorrect label or misleading commercial, then the company responsible for the marketing campaign or the packaging design could be legally responsible for providing you with compensation.
The shipping company: Before a product hits the shelves, it must be transported to the businesses that agreed to sell it. That will usually involve being sent over on a boat, truck, or even plane. If, during this process, the product broke or was exposed to dangerous chemicals, then the company responsible for its transportation could be liable for any damages your child suffered as a result.
The distributor: Products, especially things like food and medicine, must be kept in safe conditions. If a food will spoil in high temperatures, then it should be refrigerated. If a medicine becomes dangerous after its expiration date, then it should be thrown out once that date passes. While the store or shop selling these products is not responsible for the way the product was made, it is responsible for how the product was kept before being sold.
Speak with a Skilled Attorney Today
It isn’t enough to simply determine who was responsible for the defect. You will also need strong evidence to back your claim up. These companies never want to hand money over, even to pay for a mistake that they made. You will have to fight tooth and nail to get the compensation your child deserves, and going into that battle alone can be difficult. Thankfully, we at The Bussey Law Firm, P.C., are top Colorado Springs personal injury attorneys, and we can guide you through the process. To begin your claim, call us at (719) 475-2555 today.