Austin Personal Injury Blog

Christmas Toys & Product Liability Lawsuits

Posted By The Stewart Law Firm, PLLC || 7-Dec-2018

Over the years, families tend to invent and enjoy unique Christmas traditions and customs. For example, some families enjoy holiday movie marathons, playing board games, baking sweets, or decorating the Christmas tree. But one element of this holiday is true for every parent: there is no greater joy than watching your child’s happiness as they open presents on Christmas morning.

But what happens if a Christmas gift harms your child?

Product Liability Laws in Texas

A parent’s worst nightmare is to see their child in pain—especially when the situation is entirely preventable. When you purchase a gift for your child, you expect it to be safe and functional. Like most states, Texas has very serious laws when it comes to manufacturing and selling unsafe and defective products.

In Texas, you can file the following product liability claims:

  • Defectively manufactured products
  • Defectively designed products
  • Failure to provide adequate warnings or instructions

Of course, many products are not inherently dangerous, and only become so if misused. For this reason, your legal team needs to prove that your child was injured by the product while using it as the manufacturer intended.

To protect your claim, follow these important steps:

  • Keep what remains of the dangerous product
  • Take your child to the hospital
  • Request a copy of your child’s medical record
  • Take pictures of the product and your child’s injuries
  • Write a detailed account of the incident
  • Collect information about the product, including: the original box, instruction manuals, receipts, etc.
  • If the gift came from a friend of family member, request information about the purchase
  • Create a record that lists your financial losses (medical bills, receipts, etc.)

You have 2 years from the date of your child’s injury to file a product liability claim. Once this deadline has passed, the court may refuse to hear your case, or the defendant may request a case dismissal based on the statute of limitations. Of course, there are exceptions and legal nuances that need to be considered. For this reason, it’s essential that you contact an experienced product liability attorney before filing your claim.

Schedule a Consultation Today

At The Stewart Law Firm, PLLC, we believe that manufacturers and distributors should be held accountable for their products. If your child is injured after playing with a Christmas present, call our Austin product liability lawyers immediately. We can investigate your case and research the product’s history. With our guidance, you can secure economic and non-economic damages that account for your child’s medical expenses and overall suffering.

Contact The Stewart Law Firm, PLLC at (512) 271-5112 to schedule a free consultation.

Blog Home