Legal Question in Consumer Law in Michigan
toys and children
can you sue a toy company if your child has died from a toy that they were playing with?
1 Answer from Attorneys
Re: toys and children
You can always sue, but the question is do you have a good case. Consider whether the child was using the toy as intended, was the child supervised, what was the age of the child, was the toy defective or dangerous, and what were the warnings on the toy (and/or instructions to the parents).
Michigan law has strict requirements regarding warnings that must be contained on toys and products.
If you'd like to set up a consultation to discuss your potential product liability case, please contact me immediately. Generally these cases are difficult to prove given the current Michigan law, but I cannot opine fully without more facts, knowing how the accident happened, what toy or product was involved, etc. I would also have to perform research on the manufacturer and seller of the toy, and consumer research as to whether other children have been harmed by the same product, and whether the manufacturer was aware of the danger of its product, and simply took no action.
If this was your child, I am very sorry for your loss.
Thank you.
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