My child was injured playing with a plastic toy that cracked and had a jagged edge. The toy cut my sons finger very severely. Can I take any action against the company that manufactured and distributes the toy?

 

A: Yes.  There are multiple types of product liability claims that can be made when a manufactured good causes harm to a consumer. In most cases, a product liability claim of negligence or strict liability will be in the form of a manufacturing defect, a design defect or a marketing defect (i.e. a failure to warn of the danger).  The difference between a manufacturing defect and a design defect is that with a manufacturing defect, the product would be safe if manufactured properly. A design defect will be dangerous regardless of the materials used. You might want to contact an attorney who has experience in handling product liability cases.  We are such an attorney.  Contact us for a FREE consultation.

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