1. Seek medical care, especially if a head injury occurs.
Head or brain injuries are common when children fall or trip as a result of a defective product. For example, a child who falls from a play structure due to a defect may hit their head on the way down. Oftentimes, these kinds of accidents occur when the parent turned their back for just a moment. This means that a child can suffer a head injury, and because no one witnessed the child hit their head, a head/brain injury can go undetected and untreated. Parents cannot be too cautious when it comes to head injuries.
If your child fell while using a product, watch your child carefully over the first 24-48 hours and seek medical care if you notice any of the following symptoms:
- excessive drowsiness,
- changes in balance,
- difficulty walking normally,
- changes in coordination,
- changes in speech/vision, or
- differences in pupil sizes and reactivity to light,
Even if your child does not show any of the above symptoms in the first 24-48 hours, you should still monitor your child over the following days and weeks for those symptoms, as well as the following symptoms:
- sensitivity to light,
- changes in personality, such as aggression, and
- memory loss.
These symptoms may indicate post concussion syndrome, which often requires follow up medical treatment, and in serious cases, evaluation and treatment with a neuropsychologist.
2. Keep the product.
One of the elements which must be proved in a defective products liability case in PA is that the defect existed when it left the manufacturer, product distributor, retailer, etc. Therefore, an issue that often comes up in a defective products liability case is whether the product at issue was modified or otherwise tampered with prior to the accident.
This is why it is vital to keep the product in a safe condition after the accident, in order to prove its exact condition, at the time of the accident. Don’t let other children continue to play with the product. Put it away in a box, out of everyone’s reach. Eventually, it will be tested to determine whether there was a defect in the design or whether a defect occurred when it was manufactured.
Even if a product is broken or thrown away, a products liability case may still be successful. However, it is crucial to speak to a product accident lawyer immediately to discuss the best way to proceed.
3. Save all product manuals, directions and warnings.
Product manuals, directions and warnings may also be at issue in failure to warn/improper warning cases. Many children’s products come with product manuals and directions, especially products which require assembly by the consumer. Due to the fact that many products are designed and manufactured overseas, in non-English speaking countries, product manuals and directions are often insufficient and confusing. Product manuals and directions can also be important in establishing the existence of defects, especially when a product required assembly; therefore, it is crucial to save them.
4. Talk to a lawyer who handles defective product liability cases.
Nearly all product injury and accident lawyers will evaluate a case for free. Parents should take advantage of that and consult with at least one lawyer. If your child is seriously injured and suffers a permanent injury, it is important to ensure that all current and future medical expenses are recovered.
Related: Defective Products & Injury
Our product accident & injury lawyers are licensed in Pennsylvania and New Jersey, but may accept cases in other states on a case by case basis. Our lawyers welcome calls from local counsel to discuss any defective product cases. Call Click To Call for a free consultation about a defective product injury case.
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