EL PASO, Texas (KFOX14/CBS4) — EL PASO, Texas (KFOX14/CBS4) – In a recent segment of “Legal Jargon,” attorney Daniela Labinoti discussed the legal recourse available to parents if their child is injured by a defective toy.
Labinoti explained that defective toys are a “classic product liability claim” against manufacturers or retailers.
She stated, “If they sold a toy that was defective, then you can sue for unsafe design” or “manufacturer defect.” Labinoti emphasized the importance of proving harm, noting that parents must show evidence such as “medical papers, hospital bills” to support their claims.
Labinoti also highlighted the role of product recalls, which often occur after multiple complaints or lawsuits.
“If a company…realizes it’s going to result in a lot of lawsuits or a lot of people are going to get harmed, that’s when they’re going to recall the product,” she said. She urged parents to report potential hazards even if no harm has occurred, to “protect the other children out there.”
Regarding product warnings, Labinoti noted that if a product has warnings, parents must prove that the warning was “not sufficient, was not adequate” to hold the company liable. This advice comes as many families prepare for the holiday season, a time when toy purchases are at their peak.
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