For many residents of Oregon, winter is a time to get together with the ones you love and exchange gifts. This introduces all sorts of exciting new objects into the households. While some of these provide thrilling new sources of entertainment, others may prove to be a dangerous health hazard in disguise. Children, in particular, are oftentimes the recipients of large bounties of presents. But what do you do when one of those presents places your child in danger and causes them physical harm?
Even though you didn’t purchase the item yourself, that doesn’t mean you have no legal recourse. You are still entitled to damages. The important thing to keep in mind is that the parties responsible in this case are the manufacturers of the item, rather than the individual who gifted the item to you, as they would not have been involved in the creation of said item and any relevant defects.
In order to pursue a case against a toy manufacturer, your situation would have to fall under one of three categories.
- The Individual Toy You Received Is Defective
While there may not be an issue with the line of toys as a whole, if the individual toy you received came with a dangerous defect that resulted in an injury, you may have a case.
- The Design of the Toy Is Dangerous
In this situation, there is nothing unusual about the specific toy you received, but the design was dangerous enough to result in an injury anyway. These sorts of cases are especially important because they can help prevent other children from being injured in the same way.
- Critical Product Information Is Missing
Toys that present choking hazards or other dangers must have that information clearly and readily available. If the manufacturer did not provide you with the necessary information to prevent your child from becoming injured, they are responsible.
If any of the above apply to your situation, you may have a case. At Shlesinger & deVilleneuve, we have a team of experienced attorneys familiar with all sorts of claims involving defective and dangerous products. We can ensure you have the appropriate documentation and that the relevant parties are held responsible. Contact us today!