Toy R Us, with locations in St. Louis, Kansas City, Columbia, Springfield and Joplin, Missouri has taken action to help prevent personal injury to children. Toys R Us in a display of corporate responsibility and positive community action will allow consumers to trade in used cribs, car seats and other baby products for discounts on new items in those categories. As reported in the Wall Street Journal article, Toys 'R' Us Offers Discounts In Exchange for Used Items Toys R Us was acting because of the large number of recalls in these product categories. This effort will certainly help reduce the number of products that are sold as used that may be unsafe or even defective and subject to recall. This effort by Toys R Us will hopefully result in other businesses taking a proactive approach to safety.
Missouri parents should check the Consumer Product Safety Commission (CSPC) web site prior to buying any crib, car seat or other similar child products to see if there has been reports of injury or recall related to the brand and model at issue. Parents who discover an unsafe condition can also report this through the CSPC web site, which will help prevent personal injury to other children.
If you have experienced the tragedy of your child having been seriously injured or killed by an unsafe product then you may have a claim for personal injuries or wrongful death.
Missouri law allows a person capable of proving harm as a result of a defective product to recover. Typically these cases are brought under three primary legal theories: strict liability, negligence and breach of implied warranty.
To recover under a strict product legal theory the injured party must prove that the defendant sold the product, that the product was in a defective condition unreasonably dangerous when put to a reasonably anticipated use, that the product was used in a manner reasonable anticipated and that injury was suffered as a direct result of the defective condition.
To recover under a negligence theory the injured party must prove that the defendant sold or furnished the product, that the product was dangerous for its reasonably anticipated use, that the product was used as reasonable anticipated, that defendant knew or by use of ordinary care could have known of the dangerous condition, that the defendant failed to warn of the condition, that the defendant was thereby negligent and that the injured party suffered damages.
To recover under a breach of implied warranty theory the injured party must prove that the defendant sold the product, that the defedant knew or should have known the use for which the product was purchased, that the injured party reasonably relied upon the defendant's judgment that the product was fit for the use, that when sold the product was not fit for the use, that within a reasonable time after injured party knew or should have known the product was not fit for such use the injured party gave defendant notice, and as a direct result of the unfit product the injured party suffered damages.
If you or a loved one has been harmed by a defective product and you want to pursue your rights, and help prevent the same thing from happening again you should contact a lawyer experienced in personal injury law.
The law firm of Tatlow,Gump & Faiella, LLC focuses its practice on the representation of injury victims and their familes. For help call us at 1-800-264-3455 or go to www.tgflaw.com for more information
