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Product Liability
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Claims Involving Children
Defective Children’s Products
As a parent, you should be able to trust that the toys your child plays with are free of defects. You should be able to place your baby into the crib, without having to worry about dangers caused by manufacturing flaws.
Every year, thousands of children are harmed by defective products. According to the U.S. Consumer Product Safety Commission, in 2006 there were 26 toy-related deaths that occurred among children under the age of 15. During that same year, there were an estimated 220,500 toy-related injuries treated in U.S. hospital emergency departments. Among those injured, 165,100 were under the age of 15.
Defective products can include cribs, toys, baby items, riding toys, outdoor play sets and any other product in which your child comes into contact. Recently, an 8-month-old baby suffocated when the drop side of his crib detached. As a result, nearly 1 million cribs manufactured by Delta Enterprise Corp. were recalled. Unfortunately, not all of the dangerous products on the market are recalled before resulting in serious injuries.
The U.S. Consumer Product Safety Commission regulates approximately 15,000 different types of products including those used at home, school and for recreation. Under the Consumer Product Safety Act, manufacturers, importers, distributors and retailers of consumer products must follow reporting requirements. The U.S. Consumer Product Safety Commission must be notified immediately if one of these parties receives information that a product either:
• Does not meet a consumer product safety standard
• Has a defect that poses a hazard to consumers
• Carries an unreasonable risk of serious injury or death
• Does not comply with a voluntary standard
If a product is determined to be defective and/or has the potential to create a serious risk of injury, the U.S. Consumer Product Safety Commission will work with the responsible company to recall the product.
A defect in a children’s product could be the result of the following:
• Manufacturing error
• Design flaw
• Hazardous materials, such as lead
• Inadequate warning
• Inadequate instructions
Serious injuries, such as burns, lacerations and suffocation are associated with dangerous children’s products. Recently, there have been numerous children’s products found to contain high levels of lead. Most of these products were manufactured in China. Lead can cause severe health consequences for children. High levels of lead exposure can cause brain damage and even death.
If your child has been injured by a defective toy or other product, you can file a claim against the responsible party, such as the manufacturer. Contact the law offices of Lilly, O'Toole & Brown, LLP at (863) 683-1111 for expert legal advice.
Lilly, O'Toole & Brown, LLP
Lakeland Office: (863) 683-1111
Bartow Office: (863) 533-5525
Sebring Office: (863) 471-0003
Lake Wales Office: (863) 676-1991
Haines City Office: (863) 422-1282
Wauchula Office: (863) 767-1111
Winter Haven Office (863) 294-8100
Also providing legal assistance to clients from:
Wauchula, Lake Placid, Avon Park, Plant City, Brandon, and Valrico, Florida.
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Lakeland Office
800 S. Florida Ave.
Lakeland, FL 33801
Phone: (863) 683-1111
Fax: (863) 683-0915
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Sebring Office
2154 Lakeview Drive
Sebring, FL 33870
Phone: (863) 471-0003
Fax: (863) 471-2034
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Bartow Office
310 E. Main Street
Bartow, FL 33830
Phone: (863) 533-5525
Fax: (863) 533-0505
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Lake Wales Office
815 S.R. 60 East
Lake Wales, FL 33853
Phone: (863) 676-1991
Fax: (863) 676-3873
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Winter Haven
70 Fourth Street N.W.
Winter Haven, FL 33881
Phone: (863) 294-8100
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