Update: According to the Consumer Product Safety Commission McDonald’s has recalled the Hello Kitty Themed whistle due to the serious risk of choking amongst users. According to authorities the components of the whistle can detach. More than 2.5 million the these whistles have been recalled in North America including the United States and Canada. McDonald’s and consumer product watchdogs have received numerous reports of children who have coughed up pieces of the item that has been sucked into their mouth.
Common Injuries Resulting From Defective Toys
Some of the most common injuries resulting from defective toys sold at McDonald’s stores include the following.
- Ocular Injuries
- Puncture Wounds
- Toxic Chemical exposure
- Lead pain exposure
Filing a Defective Product Lawsuit
Generally there are three ways to prove the presence of a defect in a product. (1) Defect in the toy during the research and design phase of the manufacturing. (2) Defect during the actual manufacturing process of the product. (3) Failure to warn users and parents of all known danger associated with the product use.
Who Can Be Sued: All individuals and entities in the chain of distribution of the defective product resulting in injury to an individual can be held liable. This can include the manufacturer, the wholes sale distributor, the importer and the general retailer of the consumer product.
Recovery Available for Victims
Victims of personal injury are entitled to full and just compensation for all damages suffered. Types of damages compensable in such cases include the following…
- All current and future medical expenses – including future rehabilitation care.
- Economic damages including loss of income and loss of future earning capacity.
- Non-economic damages including pain and suffering.
Legal Assistance Available: If your child has suffered from injuries due to a defective toy feel free to contact our law offices. All consultations are provided by our attorney free of charge.
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