My child was injured by using a Little Tykes toy. How do I know the manufacturer is liable?

My granddaughter lost her sight in one eye after an accident involving a toy made by Little Tykes Toys.  Even though I have no way of knowing if the toy maker was negligent in making the toy, is there any way I can still hold them responsible for the injuries sustained by my granddaughter?

 

Answers (1)

Some products liability cases operate under a theory of strict liability where a manufacturer of a product is held liable for injuries even if the manufacturer was not negligent itself in the creation of the toy.  Strict liability claims took at the product itself instead of looking at the manufacturer in order to determine a product liability case.  In a strict liability case against Little Tykes Toys, you would not have to prove that the company was negligent or failed to meet an established standard of care.  In essence, if your granddaughter was injured by a product made by Little Tykes Toys, the company can be held responsible simply because she was injured. 

The legal theory of res ipsa loquitur applies – it means that the ‘thing speaks for itself’ and that absent some product defect, the injury would not have occurred.  In your case, it seems pretty clear that absent some kind of product defect or negligence, your granddaughter would not have lost sight in one eye.  You have a strong product liability claim and should pursue it quickly to be within the statute of limitations.

 

References:

Contact A Lawyer
Be the first to review.
Please Log in to answer questions.

Do you have a question?

Our Lawyers can help you.

Related Links

LA-WS5:0.7.13.100721.9461