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Has your child been injured by a defective toy?

Shortly after all the holiday presents are unwrapped, a number of children across the country will end up injured by some of their gifts. Defective toys are a serious problem. Despite the best efforts of many, defective toys are almost impossible to keep off the market and out of the hands of children.

It's estimated that over 250,000 children end up in emergency rooms due to defective toys every year. Many of those children are under five years of age. Many of those injuries could be prevented by better quality controls during manufacturing, advertising that provides consumers with better information about possible dangers and simple modifications with safety in mind.

What are the types of personal injury claims available when a defective toy end up injuring someone? It depends on what kind of defect led to the injury.

Design defects involve a product that's simply badly engineered and dangerous from the start. These kinds of toys shouldn't really ever be on the market because they're simply bad products that cause unnecessary injuries.

Manufacturing defects, on the other hand, are usually created by shoddy workmanship or inferior materials. The toy's design may be fine -- but something can still go wrong during the manufacturing phase that makes it dangerous to use.

Marketing defects occur when a product simply doesn't contain adequate warnings about its dangers or instructions for use. Riding a bike, for example, isn't without risk -- even if you wear a helmet. However, consumers have a right to be forewarned that a toy or other product is dangerous even when used as intended. They also have a right to instructions that explain how a product is meant to be used -- and what people shouldn't do with it as well.

Advertising can even mislead people (especially kids) about how some toys can be used. For example, the ad for a bike might show stunt drivers popping wheelies and making small jumps with their bikes -- which are far from safe activities for an ordinary child.

If your child was injured due to a defective toy, don't hesitate to seek legal advice about your rights. If you aren't sure if you have a case, an attorney can review your situation and help you better understand the law.

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Sergi & Associates, P.C.
329 South Guadalupe Street
San Marcos, TX 78666

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