Filing A Product Liability Lawsuit
Toys are enjoyed by children as young as babies, but there are also a large amount of adults who find them enjoyable or collects them. When it comes to children's toys, it is important for them to be manufactured in a way that does not pose a safety risk. For instance, if a toy is a safety risk for children under a certain age, the manufacturer must place a warning on the toy or packaging that alerts parents about it. If your child was injured by a toy that was manufactured for his or her age group, you might be able to file a product liability lawsuit against the manufacturer. The content below will give you a general overview of how a product liability attorney can assist you with filing a lawsuit and building up the needed evidence to win it.
Getting Your Lawsuit Started
Finding an attorney with a track record or working on product liability cases is the most important step towards getting your lawsuit started. You can begin by calling around and setting up consultations with attorneys to discuss your case. You might be able to begin a consultation on the phone, but may be asked to meet in person at an appointed date. The consultation is important because it is when an attorney will determine if you actually have a strong chance of winning the lawsuit and if it is worth pursuing or not.
Investigating Other Lawsuits
If the manufacturer has a reputation for selling defective products, it is likely that there are other lawsuits that were filed in the past. If there are no other lawsuits, the attorney will find out if other people have complained about the product in question. For instance, he or she might contact store owners where the product is sold to ask about customer complaints.
Assessing Your Child's Injury
You will be asked to explain in detail how the toy injured your child. For instance, did a small piece of the toy break off inside of your child's mouth and cause him or her to choke on it? Was your child using the toy as directed in the instructions? You will be asked for medical records regarding the incident, and the attorney might also speak to the physician that treated your child. The goal of the attorney will be to gather enough evidence to make it difficult for the other party to deny your claim, which might result in a settlement being offered.