Most parents consider at least a few factors before buying toys for their children. For example, it is normal to research what’s currently popular, what will provide lasting enjoyment and, of course, what’s in their budget. But there’s one resource that many parents overlook: the Consumer Product Safety Commission’s list of recalled products.

In this blog, we’ll answer a few of the most frequently asked questions about product liability claims involving children’s toys. If someone in your family was hurt by a defective toy and you want personalized advice regarding your claim, contact The Law Office of Richard M. Kenny.

Richard M. Kenny is a seasoned product liability attorney who has recovered more than $100 million for his clients in successful settlements and verdicts. Call 212-421-0300 to schedule a free case evaluation with this New York City personal injury lawyer.

Read on to learn the answers to three FAQs about product liability claims:

  1. On What Grounds Can I File a Product Liability Claim?


Although every claim is different and the specifics of your case are undoubtedly unique, there are only a few general scenarios that warrant product liability claims. To recover compensation, claimants must typically prove that one of the following existed:

  • A Failure to Warn: The toy should contain sufficient instructions regarding its proper use, as well as detailed warnings if it poses any risks.
  • A Manufacturing Defect: If a mistake occurs at any stage of manufacturing, the item in question should not be sold to consumers.
  • A Design Defect: Some toys are dangerous by design, and no extent of quality control before, during, or after manufacturing can make them safe for use.
  • A Packaging Defect: If the toy was packaged, stored, or transported improperly, it can develop a hazardous defect.


  1. What Kinds of Damages Can My Family Pursue?


If your child gets hurt while playing with a defective toy, your family may be able to pursue compensation for the following damages:

  • Past and future medical care;
  • Scarring and disfigurement;
  • Pain and suffering;
  • Loss of enjoyment of life; and
  • Permanent disability.

If you or another adult in the family sustains injuries despite using the toy as directed, you may also be entitled to lost income, lost benefits, and loss of earning capacity.


  1. What Should I Do If a Defective Toy Hurts My Child?


If your child sustains injuries while playing, you should seek medical care right away. Once you return home, put the toy in a safe place where no one else is likely to access it. The defective item will serve as a critical piece of evidence during the claims process.

Then, gather all documentation you can regarding its purchase. This might include the receipt and a corresponding credit card statement. It is also wise to save the original packaging and instruction manual. Finally, call a product liability attorney to determine the best way to proceed.


Discuss Your Claim with a Product Liability Lawyer in New York City


If you want to file a product liability claim in New York, turn to The Law Office of Richard M. Kenny. Our legal team has more than 100 combined years of experience practicing law. Call 212-421-0300 or use our Online Contact Form to set up a free consultation with a personal injury attorney in New York City.