Middletown Defective Children’s Product Lawyers

Experienced Attorneys Seeking Compensation for Defective Children’s Product Injuries in New Jersey

You buy things for your children almost every day. Toys, clothes, food, formula, household items like cribs and strollers, and more are part of childhood. When you buy these items as a parent, you trust that the manufacturer, designer, reseller, and others in the supply chain have created these products with your child’s safety in mind. You trust that there are no dangerous parts, poisons, or other hazards that will harm or even kill your child. When this trust is broken, and your child is hurt, someone has to take responsibility.

At Chamlin, Uliano & Walsh, it is our duty to fight on your behalf to ensure that you and your child get the compensation you deserve. Our seasoned product liability attorneys comprehend the emotional and financial strain that children’s injuries can inflict on families. We assist clients in Rumson, Wall, Manasquan, Howell, Holmdel, Neptune, and other communities in Monmouth County, Ocean County, and New Jersey. Call (732) 440-3950 to arrange a complimentary consultation now to explore your legal options.

What Qualifies as a Defect in the Context of Children’s Products?

When you think of a defective product, you often think of something that breaks or is broken. You may think of things like sharp edges, small parts, or loose screws. While all of these are defects, a defective product can be these things or others. There are three types of defects that can be used for a liability claim. A design defect occurs in the design of the product. This defect has a foreseeable risk of harm, and an alternative design could have avoided it.

A manufacturing defect is one that occurs when, at some point in the manufacturing process, there is a deviation from the product’s design that renders it unsafe. This may be something that was intentionally done due to not having the required materials or to save money, or it may be unintentional, such as a machine malfunction that caused the defect.

Lastly, failure to warn occurs when a manufacturer either fails to provide adequate instructions to safely use the product or fails to provide adequate warnings about a danger that the product poses. In either case, the lack of information means that the consumer (either the child or the parent) is not given the knowledge they need to properly use the product.

Most Frequently Dangerous and Defective Children’s Products

Anything that is improperly designed, manufactured, or marketed has the potential to be defective and cause injuries. There are some items that are more commonly defective than others, especially among children’s products. Some of the most common defective children’s products include toys, strollers, cribs, car seats, and household items. Unbeknownst to many, toys aren’t the only danger to children. When any product a child uses or comes into contact with is defective, it presents a hazard to that child. The problem is that these defects are not always immediately visible to parents, which means that it can be extremely difficult for you to protect your child.

Cribs

The place where you lay your little one down to safely sleep can present significant dangers. The dropdown side that makes it easier for you to place their tiny body in the crib can come loose and allow your infant to fall out of their crib if it’s defective. Moving parts, such as a side that folds down, present the danger of pinching, crushing, and even amputation of fingers or toes. Unsecured materials, such as mattress covers that come loose from the crib, can present a choking or strangulation hazard. If crib rails or slats are placed too widely or too narrowly, babies can fall through, get entangled, or get their head or neck stuck. A poorly fitting mattress can leave a gap for a baby to fall into. Cuts, scrapes, or deep lacerations can result from loose screws, sharp edges, or other poorly-designed hardware.

Car Seats

Car seats are meant to protect your child in the event of a vehicle accident, but they can present their own hazards every time you strap your child in. Inadequate padding can lead to head injuries, including traumatic brain injuries (TBI). Defective adjusters that prevent you from adjusting the straps put your child at risk for strangulation. Buckles or latches can be poorly designed and be too loose, or they can allow the child to unbuckle or unlatch themselves. They could also be too tight and make it more difficult to rescue your child after an accident. Defective carry handles could cause a child to fall a significant distance when the handle breaks. A chest clip that is improperly placed may allow the child to be ejected from the seat and even the vehicle.

Formula

The source of a baby’s nutrition can be a dangerous source of trouble. The formula can be contaminated with bacteria or toxic chemicals. Additionally, poor instructions to mix formula could cause parents to mix too little or too much formula with water and cause their infant to be ill.

Cosmetic Products

Items like nail polish, makeup, hair products, moisturizers, and perfumes are often meant for adults, but a quick search online or in a store finds that there are a number of these products specifically marketed to children. While these products may not be defective in the sense that a design or manufacturing flaw exists, they are a marketing defect if they do not include appropriate instructions or warnings to help parents determine when and how their children should be allowed to play with them.

Clothing

Flammable materials, loose buttons, and drawstrings can all be hazards for small children. Many girls’ outfits come with cute little hair clips or jewelry to accessorize them, and these things can be choking hazards. Clothing that is too loose can be a falling hazard. Pom-poms, charms, and other decorations can be choking hazards if not firmly attached. Zippers, crystals, vinyl, coated leather, and decorations found on clothing may contain lead, depending on the clothing’s origin.

High Chairs

Many parents rely on high chairs not just to keep their child secure while eating but also while the parent prepares the meal or cleans up the kitchen. However, a design that doesn’t focus well enough on stability may create a high chair that has a center of gravity that is too high, resulting in falls and the injuries that can result from those falls. Insufficient restraints may lead to a child falling or being strangled. Poor locking mechanisms may make a folding high chair collapse, as well as pose pinching dangers.

Spectrum of Child Injuries Caused by Defective Products

While there are a wide variety of injuries and ways by which those injuries can occur, there are some injuries and causes that are more common than others, particularly when it comes to defective children’s products. Some of the most common injuries and their causes include choking on items like balloons and small parts that come off toys, buttons, or beads. Strangulation from cords such as video game controllers, ropes, and belts such as on a doll’s clothing is also a significant risk factor.

Toys that have projectiles, such as toy guns with foam bullets, sharp edges, or toys that break easily, can cause eye injuries or even blindness. Burns can also result from defective electronic toys such as circuit board malfunctions, misused electronic toys, or pajamas that do not meet flammability standards for safety.

Who can be Sued When Your Child is Injured by a Defective Product?

When your child is injured by a defective product, your first thought may be that you want to file a lawsuit against the product manufacturer. While they may actually be responsible for the defect and your child’s injury, in some cases, they are not. Retailers, distributors, or importers may be responsible instead. In some instances, multiple parties may be responsible. Additionally, if your child was injured because of a breach of the product’s warranty or if the product was unsafe for its intended use, you may also be able to recover damages based on strict liability theory. To ensure that your lawsuit names the appropriate responsible parties and that you get the compensation to which you are entitled, speak with an attorney before filing. Our law firm can go over all the details of your case and help you identify anyone who may have played a role in the product reaching your family and your child.

Accomplished Monmouth County Law Firm Seeking Justice for Children Injured by Defective Toys and Children’s Products

Both New Jersey and federal law allow parents to file a lawsuit if their child has been injured or killed by defective children’s toys or other defective children’s products. Aside from not being familiar with the process, many parents are too caught up in grief to try to determine what they should do. We at Chamlin, Uliano & Walsh are here to help you fight for justice. Our team of talented product liability lawyers has the resources and knowledge necessary to analyze your case, collaborate with experts, and determine whether your case is against the manufacturer, marketer, or vendor. We can assist you in the fight for compensatory damages and possibly pain and suffering. In some cases, we may even be able to fight for punitive damages.

If you have questions about your case or need more information about filing a lawsuit for injuries caused by a defective children’s toy or another product in Belmar, Middletown, Freehold, Red Bank, Long Branch, Hazlet, Colts Neck, Monmouth County, and Southern New Jersey, let us help you find peace of mind and recover the compensation you are entitled to. Call (732) 440-3950 or complete the contact section of our website to set up a no cost consultation.