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As a parent, you expect the products you buy to be safe for your family. This is especially true when it comes to products you buy for your children. Unfortunately, even children’s product companies often put their profits before safety. As a result, far too often, parents find themselves needing to speak with a Fort Myers defective product lawyer at Spivey Law Firm, Personal Injury Attorneys, P.A. about taking legal action.

If your child has been harmed by a defective product, your family may be entitled to financial compensation. Companies that sell defective children’s products can—and should—be held fully accountable. Experienced Fort Myers defective product lawyer Randall L. Spivey will be able to provide a clear and straightforward assessment of your family’s legal rights, and, if your family has grounds to take legal action, your family’s lawyer will be able to seek compensation for your child’s medical bills and other losses.

Understanding the Hidden Risks of Defective Children’s Products

Numerous product-related issues can present serious and even fatal injury risks for children of all ages. Many of these issues are not obvious, and in many cases, product manufacturers do not adequately disclose these risks on their warning labels or packaging.

This is why we refer to them as “hidden” risks. While the risks associated with children’s products shouldn’t be hidden, they often are. Some examples of common hidden risks of defective children’s products include:

• Choking, suffocation, or strangulation risks
• Electrocution risks
• Product failures that can lead to falls, collisions, and other causes of trauma
• The risk of a product tipping over and falling onto a child
• The risk of a product breaking and causing serious traumatic injuries

Again, these are just examples. Children are vulnerable, and product manufacturers need to take this into account when designing and packaging products that are specifically intended for children’s use. If a children’s product presents any hidden risk, this can potentially provide grounds for parents to seek compensation if an injury or death occurs.

What Makes a Children’s Product “Defective?”

Holding manufacturers accountable for product-related injuries typically involves proving that the product in question was defective. So, what makes a children’s product “defective” under Florida law?

There are three main dangers that can present hidden risks with children’s products—and all of these dangers can provide grounds for parents to take legal action when their children suffer product-related injuries. Under Florida law, a product defect claim can be based on any one or more of the following:

1. Defective Product Design

Some children’s products are dangerous because of a flaw in the way they were designed. For example, if a product for infants or toddlers is designed with small parts, this could constitute a design defect if the small parts can come off and present choking hazards. Or, if a child’s dresser is prone to tipping over when its drawers are opened, this could constitute a design defect and present risks for serious injuries.

If a children’s product has a design defect, then every single product manufactured with the design will be defective. As a result, in some cases, design defects will lead to widespread product recalls. However, product manufacturers do not always recall their products once they discover a defective design, and, in some cases, they will not learn that a product’s design is defective until parents start coming forward.

2. Defects Caused by the Manufacturing Process

Children’s products can also be dangerous due to defects caused by the manufacturing process. For example, if a children’s product is manufactured using the wrong materials or a critical piece is left off during assembly, this could give rise to a claim based on a manufacturing defect.

Manufacturing defects can either affect individual children’s products or affect batches of children’s products manufactured at the same facility. In either scenario, if a manufacturing defect leads to a child injury, it can provide clear grounds for parents to seek just compensation.

3. Inadequate Product Safety Warnings (Warning Defects)

Parents can also seek just compensation for child injuries that result from inadequate product safety warnings. These “warning defect” claims are common, as product manufacturers routinely fail to disclose hidden risks associated with their products.

Product manufacturers have a duty to disclose reasonably foreseeable risks that would not be obvious to the average user or parent. If a product manufacturer fails to disclose a risk that it is legally required to disclose, this can warrant a liability claim in the event of a child injury.

When Parents Can (and Should) File Claims Related to Defective Children’s Products?

With all of this in mind, when can (and should) parents file claims related to defective children’s products? Successfully pursuing a product defect claim for a child injury requires evidence of the following:

• The child’s injury
• The product defect
• A causal link between the child’s injury and the product defect

To recover proper compensation, you will need evidence of the financial and non-financial consequences of your child’s product-related injury as well. If your family has a claim, your family’s lawyer will be able to assist with gathering all of the evidence you need. In this scenario, hiring a Fort Myers defective product lawyer at Spivey Law Firm to represent your family costs nothing out-of-pocket, and you pay no legal fees or costs unless your family’s case is successful.

Knowing when a product-related injury is attributable to a defect can be challenging. As a parent, it is important not to make any assumptions about your family’s legal rights. To find out if your family has a claim based on the hidden risks of a defective children’s product, you should consult with a lawyer as soon as possible.

Schedule a Free, No-Obligation Consultation with a Defective Product Lawyer in Fort Myers Right Away

Do you need to find out if your family has a claim based on the hidden risks of a defective children’s product? If so, we strongly encourage you to reach out to Spivey Law Firm, Personal Injury Attorneys, P.A. today.

Attorney Randall L. Spivey, who founded Spivey Law Firm, is a Florida Board-Certified Civil Trial Attorney. Less than 1% of all attorneys licensed by the Florida Bar Association are Board Certified in Civil Trial Law. This means that he has the expertise in personal injury law to handle claims. Randall Spivey also has an AV-rated Preeminent Attorney Rating from Martindale-Hubbell, which is the highest rating standard, signifying the greatest level of professional excellence for legal knowledge, communication skills, and ethical standards.

To schedule a free, no-obligation consultation with Fort Myers defective product lawyer Randall L. Spivey, please call us at 239-337-7483 or toll-free at 888-477-4839 or contact us online at SpiveyLaw.com today.