Defective Children’s Riding Toy Leads to Injuries and Recall
In late October, Peg Perego USA recalled children’s riding vehicles due to a fire and injury hazard. According to an announcement by the U.S. Consumer Product Safety Commission, the company recalled 3,000 of the 850 Polaris Sportsman toy vehicles. The vehicle uses a 24-volt battery and is intended for kids between the ages of five and seven. The toys were sold in stores and online between October 2014 and May 2015. Due to the circuit board failing, the motor overheats and can ignite, causing a fire and burn hazard. There have been at least three reports of children using the toys when they have overheated, and one of these includes burn injuries.
If your child has this model of a Peg Perego children’s riding toy, you should immediately stop using it. Your child could be hurt. However, if your child has already suffered an injury because of this toy vehicle or another Peg Perego model, contact the New Braunfels personal injury attorneys of the Bettersworth Law Firm immediately.
Defective Product Law
Businesses and individuals are supposed to design and manufacture safe products. They cannot simply behave negligently and disregard whether the product they market and sell to consumers is safe or could cause injuries even when used correctly. However, defective products are made and sold anyway, and when this happens, individuals who are injured may have the right to compensation.
Under the law, there are multiple types of defects that can lead to a product liability lawsuit: design defect, manufacturing defect, or lack of warning. In a design defect, every product that is made correctly is defective and potentially dangerous due to its specifications. When a manufacturing defect is at fault, this means a product was not made according to speculations and is dangerous because of the mistake. A manufacturing defect can make one product dangerous or many, depending on the manufacturing process and where the defect occurred. The last defect, a lack of warning, arises when a maker fails to include necessary warnings and instructions regarding how the product should be used and how it could cause injuries.
The type of defect in the product that hurt you will affect your case. Each type requires a specific argument and certain types of evidence to prove the other party’s negligence. If you believe you or your child was hurt by a defective product, speak with a Texas attorney to learn how you can move forward with your case. The sooner you begin working with a lawyer, the better able you will be to gather evidence and file a lawsuit before the two-year statute of limitations.
Contact the Bettersworth Law Firm
The experienced New Braunfels personal injury lawyers of the Bettersworth Law Firm has years of experience in litigating product liability claims as well as a track record of success for their clients. Individuals who suffer injuries from defective products are sometimes able to win significant jury awards that cover their medical expenses, lost wages, and include punitive damages to punish the negligent party.