Defective Product or Dangerous Use?


When picking out toys for your child, your normal considerations are things like age-appropriateness, educational and fun components, and ability to keep the child’s attention. If you’re picking out a children’s toy, it just makes sense that it would be safe, right? Unfortunately not. There are hundreds of thousands of toy-related injuries in the US every year.

There are strict guidelines that govern products intended for children that are sold to the public, including a requirement that such products are tested to be safe for its intended age group. The easiest way to win a personal injury case regarding an injury from a product is to prove that it performed incorrectly, or was defective. However, if an injury results without the product doing anything it isn’t intended to do, you may still have a personal injury case if you can prove that the manufacturer did not adhere to reasonable safety guidelines. For example, a toddler does not know that a toy phone and phone cord are not intended as a scarf. The manufacturer could be considered liable.

One consistent hurdle in personal injury cases regarding large manufacturers is that these companies often have a huge well of resources, both financial and legal, and starting a case against them is a bit of a David versus Goliath situation. Because of their resources, it is important to begin your legal battle with an experienced, savvy legal team by your side. Contact the experienced Provo product liability attorneys at Howard, Lewis & Petersen today for a consultation to find out if your child’s injury was a result of the company’s negligence.

Posted April 29th, 2016