In a cause of action for an injury to a child resulting from a defective toy, a claim may arise from a product with a defective design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a more reasonable design by the seller or other distributor, or a predecessor in the commercial chain of distribution, and the failing to use the alternative design renders the product unreasonably unsafe. Under certain circumstances, a supplier of defective toys may be held liable under a negligence theory even where the supplier cannot be held liable under a strict liability claim. Accordingly, strict liability and negligence actions are not mutually exclusive because a plaintiff's injuries may result in claims that can be established either under principles of strict liability or negligence, thus failure to prove one theory does not preclude proving the other. For example, in a negligence and strict liability action for loss of a child's eye when pellet ricocheted from a toy bb gun, the plaintiff alleging the defective design had a duty to allege that a reasonable alternative design existed, which might have prevented the injury, and the defendant had a duty to warn the minor plaintiff of the potential risk of danger inherent in a bb gun.

The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a defective bicycle. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.