What to Do If Your Child Has Been Injured by a Defective Product in Indiana

Child injured by defective product in painAs any parent knows, babies and young children need a lot of products as they grow up. From diapers and cribs to toys and clothes, children use a wide variety of consumer goods. Children are also among the most vulnerable users of products. We rely on companies to design, manufacture, and sell items that won’t put our precious young ones in harm’s way.

Unfortunately, not all manufacturers of children’s products exercise appropriate caution. The tragic truth is that hazardous children’s products injure and kill many children every year in Indiana and across the United States.

Sevenish Law Firm Works to Provide for Your Family

Attorney Randall “Randy” Sevenish is a father and grandfather. He understands how precious—and how vulnerable—our children are. He appreciates how the pain of an injured child affects the parents and the whole family. As an Indianapolis child injury lawyer and karate sensei, Randy Sevenish has a long history of protecting children.

One of the ways he works to protect children involves standing up for injured kids when they have been hurt by a defective or unreasonably dangerous product. A product liability claim may provide much-needed compensation for an injured child and the child’s parents. It may also highlight the hazards of the product, thus preventing other children from getting hurt.

At Sevenish Law Firm, our child injury attorneys are committed to helping parents seek justice when their children have suffered injuries because of a defective or dangerous product. Our experience allows us to work through the unique issues that arise in child injury cases, and we are aggressive in pursuing compensation that young victims and their families deserve.

To discuss your child’s injury case with our firm, contact us by phone or through our online form. We serve clients throughout Indianapolis and Indiana. We can provide a free and confidential consultation about your case.

Children's Products Can Pose Hidden Dangers

Injuries and even deaths caused by defective children’s products are alarmingly common. For example, more than 2,300 children age 15 and younger died from head injuries related to the use of children’s products, according to a Consumer Product Safety Commission (CPSC) study that looked at 10 years of data. The CPSC also found that dangerous nursery products take the lives more than 100 children under the age of 5 each year.

As a parent, you are likely concerned about what types of products could harm your child. Sadly, the list is virtually endless. However, here is a short list of some types of defective products that most often harm children:

Everyday Items

  • Cradles, cribs, bassinets, beds, mattresses, and bed rails
  • Car seats and booster seats
  • Strollers and baby carriages
  • Playpens and infant carriers
  • Baby baths and bath seats
  • Changing tables, highchairs, and other household furniture
  • Baby bottles, bottle warmers, bottle sanitizers, and sippy cups
  • Clothing, particularly pajamas and Halloween costumes

Recreational Items

  • Toys, walkers, jumpers, exercisers, and playground equipment
  • Tricycles, bicycles, scooters, skateboards, roller skates, and other children's vehicles
  • Go-karts and all-terrain vehicles
  • Trampolines
  • Treehouses and playhouses

The CPSC lists specific examples of dangers to children, such as:

  • Caps for toy guns, which present a burn hazard
  • Choking hazards from plastic film or toys
  • Dangers from electric toys
  • Strings and straps on toys that present a strangulation danger
  • Toy chest lids that can fall and trap, injure, or kill children
  • Suffocation hazards from balloons

The Food and Drug Administration (FDA) regulates some children’s products, such as baby formula, toothbrushes, and medications. The FDA has the authority to recall defective children’s products or order more prominent warnings about their dangers in packaging and marketing.

Investigating Cases Involving Children Harmed by Defective Products

While a defect may not be to blame every time a child is hurt while using a product, it's a good idea to seek an independent investigation whenever a product is involved in an accident that results in serious harm to a child.

Companies that make products for children owe a legal duty to make sure their goods are safe when used as intended and to warn about the product’s potential dangers. Manufacturers, distributors, and retailers may be liable for injuries caused by a children’s product if they knew or should have known it had a defect that made it dangerous.

As trusted advocates for the rights of injured children, the attorneys at Sevenish Law Firm are prepared to review your child’s situation and determine whether a defective product may be to blame for your child’s injuries. In many ways, a claim involving a child who was harmed by a dangerous product is no different from any other product liability lawsuit in Indiana.

However, there are some special considerations when a case involves a child. These include:

  • Forecasting damages. If the defective product caused a permanent disability, it may be necessary to consult with experts to calculate the effect on the child’s future. For example, will the child need a lifetime of around-the-clock care? Will the child’s earning capacity be significantly reduced?
  • Filing legal claims. A minor (a child under age 18) cannot file a lawsuit in Indiana. This means that the child’s parents will need to file a legal claim on behalf of the minor. In some cases, a guardian ad litem may be appointed to look after the child’s best interests—not the best interests of the parents—while a claim is being litigated. However, most of the time a parent or parents can file the lawsuit “as next friend” of their child and be appointed “Guardians of the Estate of …” the child.
  • Getting court approval. A court must approve any settlement offer that is made to a child that exceeds $10,000, although a Guardianship set-up may be required by the Court even if less than $10,000. The settlement funds will belong to the child and must be placed into a restricted bank account. A carefully structured settlement can protect those funds so that they are available well after the child reaches the age of 18.

These and many other issues make children’s product liability cases unique, requiring assistance from a lawyer who has experience with these complex matters. At Sevenish Law Firm, our child injury attorneys will give you their honest, professional opinion about your situation and discuss your options.

Let Our Child Injury Lawyers Help Your Case

Are you ready to get help for your child? Contact our personal injury law office in Indianapolis to talk about your situation now. Your consultation is free, confidential, and comes with no strings attached. Our child injury attorneys will aggressively pursue the compensation your child deserves, and we will act with honesty, fairness, and integrity when seeking a result that is in your child’s best interests.


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