‘Tis the gift-giving season, and thousands upon thousands of children both within South Carolina and throughout the world are likely to have recently received gifts of toys and other gadgets. Family members often purchase these gifts without giving much thought to the potential dangers these toys and devices may present to a child. Few will check any website or resource to determine if a product recall has been issued for the gift they intend to give. Unfortunately, the combination of the gift-giving spirit and excitement of the holidays can lead to children being seriously injured by a gift.
You may be entitled to compensation for your child’s injury if he or she was injured by a dangerous or defective product. Your ability to recover compensation for the child’s medical bills and expenditures along with your own losses (such as lost time from work) can depend on the steps you take immediately after your child is injured by a toy or device. What should you do to help your child and protect your legal rights and interests?
Step One: Get Medical Treatment for Your Child: It may seem obvious, but your first priority should be getting your child to a doctor’s office or emergency room for prompt treatment of any injuries. Be sure to follow any directions or recommendations given by the doctor and return for follow-up treatment if needed. You can (and should) ask if medical staff can photograph the child’s injuries (whether they be burns, cuts, bruises, or other injuries), or you can take photographs yourself if your smartphone is able to take good-quality pictures.
Step Two: Save the Toy or Device: You should next preserve the toy or device as much as possible to prevent it from being tampered with further or being altered further. Put the toy in a secure location so that it can be delivered to your attorney. Pick up as many pieces of the toy as possible (if the toy shattered or exploded) and keep these with the toy. Also keep any packaging the toy came in and any instructions or other writings that accompanied the toy. Your attorney may be able to review these items to see if the toy or device did not carry appropriate warnings.
Step Three: Determine if Yours is an Isolated Incident: You or your attorney will want to visit a reputable product recall website to determine if there has been a product recall or safety notice posted about the toy. You can also see if any other consumers reported similar incidents. A manufacturer who is informed of a dangerous product but allows that product to remain on store shelves may be responsible for paying compensation to injured families.
Step Four: Contact an Attorney Right Away: You only have a limited amount of time to file a lawsuit for compensation, so you should consult with an experienced personal injury attorney right away. Your attorney can conduct further investigations, including consulting with experts, to help strengthen your case and increase the chances of obtaining compensation on your behalf.
Has Your Child Been Injured?
David R. Price, Jr. of the Greenville personal injury law firm David R. Price, Jr., P.A. assists residents of South Carolina in obtaining compensation for injuries caused by dangerous products, unsafe properties, or other personal injury accidents. He is skilled in investigating personal injury incidents and will ensure your case is well-documented and handled effectively and efficiently. Contact him if you or a loved one have been injured in South Carolina by calling (864) 271-2636 or contacting him through his firm’s website.