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What to Do If You Have a Recalled Toy
By malpractice
So you look on the recalled toy list and find out that half your child’s toy-box is filled with lead. Now what?
Aside from taking the toys away immediately, you should schedule a next-day appointment with your family doctor to get your child’s blood tested for lead levels. This is important for two reasons: First and foremost, for your child’s health, and secondly because without this vital proof you have no case.
Having the toys is not enough for a lawsuit. Neither is elevated levels of lead in your child’s blood in most cases. You have to prove that your child has been injured in some way by this toy. Some of the injuries that come along with lead poisoning include brain damage, learning disabilities, comas, seizures, and behavioral problems like ADD and ADHD.
So - IF your child has had this toy long enough; IF your child’s blood levels showed excess lead; and IF your child exhibits the long-term symptoms of lead poisoning, including but not limited to those mentioned above, you may have a case for a personal injury lawsuit.
So, what do you do if you have a recalled toy? Here are the steps, in order:
#1 Remove the toy from the child
#2 Take your child to the doctor for a checkup and blood test
#3 Photograph the toy, especially in spots that indicate the toy has been sucked on your chewed on
#4 Contact a personal injury attorney and let them know that you have already done steps 1-3
#5 Follow his/her instructions
Note: This information should not be taken as legal or medical advice. We are neither attorneys nor doctors, but are merely concerned citizens who want to help people navigate their way through the confusing world of malpractice and personal injury law.
Topics: The Personal Injury Section |