In a cause of action involving an injury to a child caused by toys, the courts have come to different conclusions as to whether liability of the manufacturer, wholesaler, or retailer was established or supportable. In such cases, the general principles which govern a cause of action based on a toy manufacturer, wholesaler, or retailer's liability for damages may arise under the theories of negligence, breach of warranty, or strict liability. However, regardless of the underlying theory of liability, a cause of action may be characterized by claims that there was a failure to warn of the dangers of a particular toy, that the toy was defective, that the toy was inherently dangerous and should not have been marketed to children, and that the sale of a particular toy violated a statute or ordinance.

For instance, in an action against the retailer of a toy bow and arrow for eye injuries sustained by a child whose playmate accidently shot an arrow at the child, the court denied the retailer's motions for a new trial and to set aside the verdict. After noting that expert testimony had established that the rubber caps of the arrows were defective, the court stated that it believed that the case was fairly tried and submitted to the jury under a proper charge and that the jury's verdict on liability and damages was in accord with the weight of the evidence.

If your child is injured due to a hazardous or defective toy you need a Florida Child injury lawyer that is experienced and capable of handling such a case. The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. have handled numerous child injury cases involving defective toys. We will work tirelessly to recover all compensation and damages your child and family deserves for an injury due to a defective toy. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.