Child Injury Attorney in Northern Virginia
Child injuries resulting from defective household or other products occur fairly frequently. Electric shock, burns, and poisoning can cause serious harm to a minor—and potentially negatively affect their development. If you know of a child who has suffered an injury due to a defective product, we’ll work hard to get them the justice they deserve.
Product Defect Injury to a Minor
Product defects that cause an injury to a minor are typically met with the defense that the child was not an intended user. The more pertinent issue in product liability claims is simply whether or not the child was a foreseeable user of the product. These types of claims frequently involve household products. In general, manufacturers are obliged to design these types of products recognizing that it is foreseeable that children will have contact with the product.
Negligence vs. Breach of Warranty For Product Defects Causing Injuries To Minors
In pursuing a claim such as this under a negligence theory, the focus is on the defendant’s lack of due care by showing that a step in the manufacturing, design, testing, packaging, or marketing of the product was performed improperly. However, a breach of warranty claim focuses on the product itself, i.e., is the product fit for how it was ordinarily to be used.