A Defective Toy injured My Daughter, do I Have a Personal Injury Case or Grounds to File a Product Liability law suit?

First of all, you have to decide if it’s worth your friendship to file a lawsuit. Anytime you engage in litigation against a friend, chances are they will no longer be your friend.  Secondly, if your friends knew that the defective or dangerous product had been recalled, why were they still using it?

Every homeowner is required to have insurance and you may be able to file a claim against his or her homeowner’s insurance policy.  Most policies have coverage for personal liability involving third parties.  However, if your friends are unwilling to file a claim, then you can file a personal injury suit against them for negligence.  This is when the plaintiff is found negligent for something they should not have done, or when they don’t do something they should have.  In your case, the homeowners should have removed the dangerous toys to avoid injury to others.

Your last resort may be to file a product liability suit against the manufacturer for the dangerous toy that was recalled.  In either case, you should seek the advice of a personal injury attorney or one who specialized in product liability law.