My son was injured by an electric shock from a leap frog toy as water spilled on it. What can I do?

I recently purchased a product from LeapFrog Toys for my son and he was injured when he spilled juice on the toy and it sparked and burned his finger.  What kind of action can I take against the company as a result of the injury my son suffered?  Does the fact that he spilled juice on the toy impact my ability to bring a claim?

 

Answers (1)

In cases like this, a product liability suit can be filed under a strict liability theory against the manufacturer of a toy.  The makers of LeapFrog Toys have a duty to consumers that the products they manufacture will be safe for use by consumers, and in this case, by children.  If there was a high probability that the toy would spark and potentially burn children when juice or liquids spilled, the toy should have stated that in big bold letters on the front of the package.  But even more, the product would not have been approved for sale if it was so easy to make the product malfunction and catch fire.  Children are messy by design, and toy makers should have an understanding that it is likely that a child will spill on their toys on occasion.  The people at LeapFrog Toys are likely liable for your son’s injuries and a product liability suit can be filed against them.

 

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