My child was injured by a sharp edge from a Matel toy. Can I legally take any action against the company?

Question:  My child was injured playing with a plastic toy that cracked and had a jagged edge.  The toy cut my sons finger very severely.  The toy was manufactured by Matel.  Can I take any action against the company?

Response:  There are multiple types of product liability claims that can be made when a manufactured good causes harm to a consumer.  In most cases, a product liability claim of negligence or strict liability will be in the form of a manufacturing defect, a design defect or a marketing defect (i.e. a failure to warn of the danger).  In your case, it sounds like the Matel toy had a manufacturing defect if a crack in the plastic caused a jagged enough edge to do major harm to your son.  The hallmark of manufacturing defects is generally the use of inferior materials and sub-par craftsmanship that leads to a product that is not safe for consumers.  The difference between a manufacturing defect and a design defect is that with a manufacturing defect, the product would be safe if manufactured properly.  A design defect will be dangerous regardless of the materials used.  You likely have a product liability claim against Matel and should contact a lawyer in your area to discuss your options.

Answered by D. Nicole Rosen

Additional Resources:

• The US Consumer Product Safety Commission
• Report and Unsafe Consumer Product

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