In a cause of action for a defective toy, the claims may be based on a toy manufacturer, wholesaler, or retailer's liability for damage arising under the theories of negligence, breach of warranty, or strict liability. In a strict products liability action for a defective toy, some of the relevant inquiries which are pertinent are:

• The defendant's prior possession of the defective product; and
  
  

  Whether the entity that placed the product in the stream of

  commerce was in a position to control the risk of harm that
  the product might cause once it is put into the stream of
  commerce or either created or assumed risk of harm for the
  defective product.

  Additionally, while the defendant's prior possession of the toy may be at issue in a products liability cause of action, it is not a prerequisite to a strict liability action, such that the lack of proof of possession would preclude the action. Therefore, factors which show control over the defective product may also affect the viability of a strict liability claim. Accordingly, where a defendant's prior possession of the product is at issue, the court should consider the relationship of the manufacturer, as well as others in the chain of distribution, which includes retailers, wholesalers, distributors and lessors, in determining whether to impose strict liability.
  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.