What evidence is needed to prove liability for injuries caused by a defective toy?

In a nutshell, liability for a toy-related injury is proven by confirming that the toy was defective and that its defect caused harm. You and your lawyer can establish liability in three different ways, which are listed below:

• Strict liability: Toy manufacturers and other parties may be held liable if evidence shows that the toy was defective and caused harm, regardless of whether they were found negligent.
• Negligence: Liability may be established if the toy’s designer or manufacturer failed to take the necessary steps to ensure the toy’s safety during design, production, or labeling.

• Breach of warranty: The liable party may be liable if the toy comes with a warranty that promises its safety and the defect violates that warranty.

It's best to discuss with your lawyer what the best approach is for proving liability in your case. Apart from deciding on a legal strategy, it's also crucial to have supporting documents and additional evidence. The defective toy and its original packaging may be presented as evidence to further support and strengthen your claim.

Other supplementary documents that can help your case include:

• Recalls related to the toy
• Video of the toy-related accident
• Blueprints of the toy that may show design flaws
• Shipping and storage logs that may show mishandling of the product
• Store footage to show where and when you purchased the defective toy
• Manufacturing records and quality control procedures that may reveal errors in production

Get proper legal help with your toy-related injury claim

An experienced attorney can help you with your product liability claim for a defective toy. With a skilled defective toy lawyer, you can get help collecting the right documents and proving liability. You may contact The Law Offices of Sean M. Cleary for legal guidance regarding your claim. Our law firm can assist in identifying the strategy that best fits your case.