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A Defective Toy injured My Daughter, do I Have a Personal Injury Case or Grounds to File a Product Liability law suit?
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My family recently attended a pool party at a friend’s house. My daughter was injured by one of their pool toys. We are currently without medical insurance due to recent job loss. While she was not severely injured, we still have a huge bill from the hospital because we had to take her to the emergency room. When I informed our friends about this, they said that the pool toy had been recently recalled and that I should sue the manufacturers for product liability. Should I sue my friends for personal injury or try to file a suit against the manufacturer?
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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.
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Posted by Linda Adams on 21 Jan 2010
1 person found this useful
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