The holiday season, and especially gift-giving, is often a favorite for many individuals. It is especially exciting to see children unwrap new toys that they will play with for months to come. However, when these toys are defective—and parents do not know it when they give them to their children—the children may be hurt by the toy. When a child is injured because the product is defective, they can bring a Maine product liability claim, alleging the defective product caused their injury. Product liability refers to a manufacturer or seller being held liable for placing a dangerous product into a consumer’s hands.
While toys are often seen as fun and enjoyable, there can be major consequences if they are unsafe. In 2018, there were an estimated 226,100 toy-related injuries treated in U.S. hospitals; 73% of these injuries happened to children 15 years old or younger. Tragically, there were also 17 toy-related deaths that occurred to children that same year. These deaths resulted from non-motorized scooters and riding toys, rubber balls, stuffed toys, and plastic toy food.
Toys—along with other consumer products—are often recalled because they can be dangerous to use. However, when someone is injured because they used the product, the individual, or their loved one if they passed away, may pursue a product liability claim. According to Maine law, a person who sells any products in a defective condition that is unreasonably dangerous to the user or his property is subject to liability for the physical harm caused. There are other requirements to products liability a plaintiff must prove: (1) the injury occurred to a person whom the manufacturer, seller, or supplier might reasonably expect to use, consume, or be affected by the product or to his property; (2) the product is expected to and does reach the user without significant change in condition in which it is sold.
There are benefits to plaintiffs bringing product liability cases, making it more difficult for the defendants to argue they were not negligent. In Maine, even if the seller exercised all possible care in the preparation and sale of the product and the user did not buy the product from the seller, they will still be held liable. Generally, product liability claims do not require the seller to have been negligent regarding their handling or manufacturing of the defective product, making it easier for plaintiffs to prove their claim.
Because product liability cases can often be extremely complicated and emotional—especially if a loved one or child has been injured—individuals interested in pursuing a lawsuit should contact an experienced products liability attorney.
Contact a Maine Products Liability Attorney
If you or a loved one has been injured by a defective or dangerous toy, contact the experienced Maine product liability attorneys at Peter Thompson & Associates. With years of experience handling product liability claims, we will fight to help you pursue the compensation you deserve. In addition to product liability claims, over the years, we have also have taken on auto accidents, wrongful death claims, and workers compensation matters with great success. To speak with one of our knowledgeable attorneys today, call us at 1-800-804-2004.