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Can I File a Personal Injury Claim for Furniture Falling on My Child

Have you ever heard stories of a child injury that left you feeling incredibly lucky? When a personal injury involves a child, it can be especially terrifying. For most, those terrible accidents become cautionary tales, things that could never actually happen to you or anyone you know. One can hope their child never falls victim to an accident at the hands of another. However, accidents do happen. When you purchase a toy, piece of furniture, household good, or automobile the last thing on your mind is the possibility that it may defective and cause an injury.

Product Liability Cases

Product liability holds manufacturers responsible for putting products on the market that are faulty or defective. When a consumer gains access to a product that is defective and, as a result they are injured, the damages can be far reaching. There are a few types of product liability cases that may come into play depending on the product:

  • Manufacturing Defects
  • Marketing Defects
  • Design Defects

When it comes to product liability cases, you will want to have an attorney in your corner who can help obtain compensation for your damages. If you believe that you or your child were injured from a product due to a defect, you may want to start gathering the appropriate evidence required to prove your case. Proving product liability requires:

  • That you suffered losses in some form as a result
  • There was a defect in the item you used
  • Because of the defective product, you sustained injury
  • You used the product as instructed

Be aware that if you knew that the product you utilized was defective, you may not be able to pursue a product liability claim.

When Furniture Tips Over

Furniture falling on top of a child is not as uncommon as it may seem. Recently, Ikea dressers tipped over on several children, ultimately resulting in 6 child fatalities. Often dressers and furniture are not put through rigorous enough testing. As a result, children and the elderly are at a high risk of sustaining injury. It may be in your best interest to take action in the form of a personal injury claim or lawsuit. Having an attorney review your case can help set a plan of action.  

Timeframes for Product Liability Cases

The longer that you wait to take action with your attorney the more challenging it will be to  gather the evidence you require to file your claim. Striking while the iron is hot, and the details of your accident are still fresh in your mind, may be in your best interest. The time frame or the statute of limitations for product liability cases can vary depending on the state in which you live. In most states, you have about 2 years to file a claim. Personal injury claims involving children are a bit different in that the clock does not start running until they reach the age of 18.

If your child has been injured from furniture falling on top of them, the aftermath can be devastating. A Memphis personal injury lawyer can assist you in working through what is sure to be an emotionally charged time.

Thank you to our friends and contributors at Wiseman Bray PLLC for their insight into personal injury.

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