Nothing brings a person into adulthood more quickly than having a child. A child is the most important thing in most parents’ lives, and most parents will do whatever it takes to make sure their children grow up healthy, happy and strong. Even before the child is born, a pregnant mother will change her life – die-hard smokers will quit, drinkers will stop drinking, and women that have little use for doctors’ orders will make a list and change to a healthy lifestyle. And when the child is born, most parents continue to follow the instructions: with shots, appointments and suggestions from experts. Despite their best intentions, however, accidents happen. Even when parents follow all the instructions and safety procedures, a defective children’s product can cause tragic injury or loss.
Let Guajardo and Marks Help
If your child has been injured because of a defective product like a crib, toy or stroller, let the attorneys at Guajardo & Marks help. With over 50 years of legal experience in Texas, we have the knowledge, experience and resources to make sure those responsible pay compensation for your child’s injury. Practicing out of Dallas, we know what it takes to pursue and reach a settlement or a decision in a Texas product liability claim. If you have questions or would like to set up an appointment, contact us online or call us at 972.774.9800 today.
Personal injuries occur when an individual suffers harm through no fault of their own. For example, this may be because a doctor did not follow procedure and a patient was misdiagnosed; or because a stair railing at a store was loose and an elderly person slipped and fell; or because a manufactured item did not work as it was supposed to, resulting in an injury for your child. In the worst case scenario, if a child dies because of defective manufacturing, the parents may file wrongful death suit. In all of these situations, the negligent individual, company or manufacturer may be held responsible for the injury or death and through litigation may be forced to pay compensation. Defective equipment falls under the umbrella of personal injury, but more specifically under product liability laws.
Compensation for personal injuries comes in two forms:
- Compensatory Damages: Compensatory damages are paid to make up for the quality of life lost. These damages pay for medical bills, ongoing medical treatment, loss of quality of life and any other damages caused. It may also pay for ongoing rehabilitation or therapy, or for a disability suffered by the victim. Compensatory damages don’t pay just for the injuries a person can see: they may also pay for psychological issues, including PTSD, or therapy following a traumatizing event, as well as pain and suffering.
- Punitive Damages: Punitive damages are separate from those of compensatory damages. These are generally awarded in cases where the actions of the defendant were so egregious that the court wishes to make a statement by making the defendant pay extra — not only as a lesson to the defendant, but also as a message to other potential defendants that these actions will not go unpunished.
Because they are still developing, young children are often much more fragile than adults when it comes to injury. That is why so many strict guidelines and regulations are in place to ensure their safety. If a product fails to perform as it is designed to, the company may be held liable for any injuries or deaths that occur as a result.
- Cribs: Cribs seem simple enough; they are designed to protect children from injury and allow them to rest or sleep in safety. However, there has been significant recent history involving poorly designed cribs. Between 2007 and 2011, more than 11 million cribs, bassinets and play yards were recalled because of dangers in the design that could potentially harm children. NOLO reports that in 2007, more than 1,040,000 cribs and bassinets from one company alone were recalled. As a result, in 2011 new crib safety guidelines were put in place.
- Toys: Because of flaws inherent in their design, some toys may be dangerous and cause injury to children. Sometimes this involves having small parts that may be swallowed and cause a child to choke. Some toys have moving parts in which children’s fingers or other appendages may be stuck. Still others include shooting projectiles that may cause injury to eyes or other parts of the body. Even if a product has been recalled, in many cases the manufacturer may be held liable for injuries it causes.
If your child has suffered an injury because of a defective product, contact Guajardo & Marks of Dallas today. With more than 50 years of experience, we have the experience and resources needed to help our fellow Texans. If you have any questions or would like to set up an appointment, contact us online or call us at 972.774.9800.