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Can I sue a toy company?

Asked by user in California.

I purchased a baby shark toy that swims and sings in the water. Last night, my daughter was playing with the toy and she cut her perineum and bruised her anus. I was prescribed bacitracin for the area. I'm emotionally distressed because she cries when she urinates and I feel helpless.

Answered by Enjuris Editors:

I’m so sorry this happened to your daughter.

You may be able to file a lawsuit against the toy manufacturer if the baby shark was defective. Generally speaking, there are 3 types of defects that the law recognizes:

  1. Design defects. A product is defectively designed if it failed to perform as safely as a reasonable person would expect, even when used as intended (or at least in a manner that was reasonably foreseeable)
  2. Failure to warn. A product is defectively designed if it failed to perform as safely as a reasonable person would expect, even when used as intended (or at least in a manner that was reasonably foreseeable)
  3. Manufacturing defect. A defectively manufactured product is one that—although properly designed—left the manufacturer in a condition other than intended.

Without more information, it’s impossible for me to know whether or not the baby shark was defective. I would recommend meeting with a personal injury attorney in your area. Most initial consultations are free. You can find an attorney near you by using our free online directory.

In the meantime, you can learn more about defective product lawsuits in California here.

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