If you’re like the rest of us, you spend weeks, maybe months, looking for the perfect gifts for your friends and family. You check online and go to the mall. You may be chasing down that toy that all kids your child’s age insist on having this year. The last thing you expect to happen is your loved one getting injured with their new toy or gift. These types of claims are basically product liability claims. You have to file a product liability claim against the company that makes the lights. Or, you could have a claim against the company that sold them to you. It really depends on the type of injury you suffer. There are three main types of product liability cases in North Carolina:
- Manufacturer defects – If a product is made wrong, it can hurt your child or loved one.
- Design defects – Even if a genius designed a product, it can still be unsafe. Some products are just inherently dangerous.
- Failure to warn – If the designer knows the product is dangerous, they have a duty to warn consumers.
There are Several Types of Product Liability Claims You Could Encounter this Holiday
Any company that makes products for consumers owe their consumers a duty of care. This duty extends to the person who buys the gift and anyone who may use the item. So, if a parent buys a toy for their child, they shouldn’t have to worry about their child getting hurt. But, if their child is injured because the toy is defected or unsafe, the parents and the child may have a claim for damages.
When it comes to Christmas presents, anyone could get hurt by a new gift. A lot of these injuries are suffered by children. Some of the common types of injuries caused by children’s toys include:
- Choking
- Chemical burns or poisoning
- Cuts and lacerations
If your child experiences any of these types of injuries, call and speak with an experienced personal injury lawyer in Charlotte now.
Who is Entitled to Damages in a Product Liability Claim?
If you or your child are injured from a new toy or gift, you may have a claim for damages. In these cases, you still have to prove your damages. You can’t get compensation for injuries you may have suffered. You have to prove actual injury.
Depending on how badly the product hurt you, there are different types of damages you can demand including:
- Medical Bills: If you had to take your child to the emergency room, there could be thousands of dollars in medical bills.
- Lost Wages: If you were the one injured, you may miss time from work. Even if it’s your child who gets hurt, you may need to stay at home to take care of them. You can show how much time you missed due to the injuries caused to your child or loved one.
- Property Damage: Rarely do these cases involve property damage. However, if you did suffer any, you can demand compensation. For example, if a toy put a hole in your wall or tore your carpet, you can demand compensation.
- Pain and Suffering: Some product liability cases cause very serious injuries. If this is the case, you may experience pain and suffering. Your attorney can demand that you be paid for these things. While they can be the hardest to prove, they could make up the lion’s share of your settlement.
Personal injury lawyers are trained to handle these types of cases. They know what needs to be done to prove your damages.
Contact an Experienced Personal injury Lawyer in Charlotte, North Carolina
If you or your loved one are injured by a new gift this holiday season, you need to call an experienced Charlotte, NC injury lawyer right away. Depending on the nature of your accident, you could have a product liability claim against the designer or the manufacturer of the toy or gift.
Going up against a large toy manufacturer can be scary. You don’t want to handle it alone. That’s why it’s good to have a skilled attorney by your side. You can call and schedule a free initial consultation right away. Let our staff give you the peace of mind you need at a scary time. The consultation is free and you pay nothing until you win or settle your case.
