Polymer Ball Danger: How To Get Results From Your Personal Injury Claim
Children are far too often innocent victims in personal injury cases due to the negligence of companies that fail to produce safe products or warnings for their products. Consumers sometimes assume that the products that they purchase are safe for their child to play with. This is not always the case.
Recently, CPSC found that the toy company Orbeez did not display adequate warnings about the risk of the choking hazard or blocked airways that are hazards when playing with their polymer toy ball, which is a particularly dangerous for small children. These small polymer balls are colorful and advertised as a toy or possible decoration. Unfortunately, some small children have mistaken these balls as candy or gum and tried to eat them. The balls have been found to expand up to ten times their original size when they are submerged in water. This means that if they are ingested by a small child, they pose a choking hazard and can also cause damage to internal organs, such as the intestines. Without emergency intervention, serious damage or even death can occur.
In 2012, a serious incident occurred involving an 8 month old child that led to the recall of these type of polymer balls. The young child did receive medical attention in time to save her life, but no doubt the entire family went through a traumatic time. No family should have to face this type of situation. If an accident like this occurs, there are bills and expenses related to treatment and possibly rehabilitation after the injury. No family should have to bare the financial and emotional burden that this type of incident can incur. It is important for you to consult with a personal injury law firm to help you to receive compensation for related medical bills. Money itself does not remove the pain and stress that a situation like this causes, but it is important for companies that are found to be negligent to be held accountable for their lack of action.
Every parent wants to protect their child from dangerous situations, but accidents do sometimes happen. Even with the best intentions, potentially harmful products can become available to children. Products like these polymer balls are supposed to be used as decorations or for older children to use. However, the warnings provided on the packaging were found to not adequately describe the possibly fatal effects of ingestion. This makes that company liable for damages that occur due to their lack of warning of the truly serious potential risk involved. Legal options should be sought to hold the manufacturer responsible, to help compensate you for your medical costs, and to help prevent this type of injury from happening again.
In order to receive compensation, the injured party will need to file a personal injury lawsuit. This can be a positive experience that leads to some of the burden being lifted from the shoulders of the innocent victims of this negligence. Trying to negotiate independently with an insurance company can be a waste of time. There are far too may instances of low settlements and families that are given the run-around. It can put you in an unfair situation trying to sort through paperwork and phone calls when your family needs your attention. This is why it is important to choose a trustworthy attorney to file your case and handle the unpleasant aspects of a situation like this.
To start the process, the complaint is filed and the defendant in the case is served with paperwork explaining the complaint against them. A certain amount of time is set to settle the case. A discovery process is the next step, which involves investigations, witnesses, and possible depositions related to the case. Doctors, family, friends, and anyone else involved may be asked to give testimony that relates to the case. Evidence is gathered by your attorney and the other party has the chance to ask questions and gather their own evidence. There is always the chance that the defending party will accept responsibility and agree to a settlement without going to a court hearing. However, if nothing is agreed upon during this discovery process, the next step is a court hearing in front of a judge. This trial may or may not include a jury. A judge will hear both sides of the case and make a judgment. They will decide if the company was negligent and if so, how the victim should be compensated for their injury. An experienced personal injury lawyer will guide you through each step of this process and make you feel comfortable with the proceedings.