Children rely on their caregivers and the world around them to provide a safe environment. As parents, we trust that the toys, household items, and playgrounds designed for our children are safe. Unfortunately, that trust is sometimes broken—defective products can cause serious injuries, leaving families emotionally and financially overwhelmed.
When an injured child requires medical care due to a dangerous toy or product, many parents understandably ask, Who pays medical bills when a defective product injures a child? The answer depends on the parties involved, the nature of the product, and the legal process surrounding product liability.
This guide will help families understand how a personal injury lawsuit works in these situations, how to identify liable parties, and how to recover compensation to cover medical expenses, pain and suffering, and other damages.
Understanding Product Liability in Child Injury Cases
When a defective product causes harm, especially to a child, the manufacturers, designers, distributors, and even retailers can potentially be held liable. These cases fall under product liability law, which allows the injured party or their guardian to file a claim seeking compensation.
A product liability claim may be based on one of three core issues:
- Design defects: A flaw in the product’s original design makes it inherently dangerous.
- Manufacturing defects: A mistake during production causes a product to become unsafe.
- Breach of warranty or negligence: The product fails to perform as reasonably expected, harming the user.
In the case of children’s toys, cribs, or playground equipment, these defects can cause broken bones, choking hazards, or even traumatic injuries. Regardless of the type of defect, those responsible should be held accountable.
In some cases, wrongful death can also occur due to defective products. Therefore, it’s crucial to understand the at-fault parties and take action.
Who Can Be Held Liable?
In most product liability cases, there is often more than one party who may share responsibility. These responsible parties might include:
- Manufacturers (those who made the product)
- Distributors (those who brought the product to market)
- Retailers (stores that sold the product)
- Playground owners (if the injury occurred on poorly maintained equipment)
If the product was sold with improper warnings or without safety instructions, the at fault party may also be held liable for failing to ensure the child’s safety.
South Carolina and Product Liability Law
In states like South Carolina, product liability follows the doctrine of strict liability. The strict liability means the plaintiff (in this case, the child through a guardian) doesn’t need to prove negligence.
Instead, they must show that the product was defective, that it caused the child’s injuries, and that the product was being used as intended.
This doctrine protects consumers—especially vulnerable ones like children—by making it easier to pursue a lawsuit without having to prove the defendant acted negligently.
The Role of a Product Liability Lawyer
Hiring a lawyer for injuries from defective product is always a smart move. A product liability lawyer or attorney is essential in these complex cases. They investigate the incident, collect evidence, identify liable parties, and help families through the legal process.
From filing a claim to negotiating with the insurance company, they manage every aspect so families can focus on healing.
A free consultation with a qualified product liability attorney can help parents understand their rights and assess whether they have grounds for a strong claim.
What Medical Bills Are Covered?
When a child is injured due to a defective toy or product, parents may face overwhelming medical bills, from emergency room visits and surgeries to follow-up appointments and rehabilitation. But who actually pays?
Here are common sources that may cover or help pay medical bills:
1. Insurance Claim
You may start by filing an insurance claim with your health insurer or with the insurance company of the responsible party. However, insurers often attempt to minimize payouts. That’s why having a lawyer involved is crucial to ensuring that all medical expenses are accounted for.
2. Personal Injury Lawsuit
When insurance companies deny or underpay claims, a personal injury lawsuit becomes necessary. This allows the injured party to seek compensation not only for medical care, but also for lost wages (if a parent missed work), emotional suffering, and even punitive damages in severe cases.
3. Product Liability Claim
A successful product liability claim can result in the medical bills paid by the liable parties, along with compensation for pain, trauma, and other damages associated with the incident.
Filing the Lawsuit: What Parents Should Know
If your child has been hurt by a product, acting quickly is important. Here’s what to expect during the legal procedures:
Step 1: Seek Immediate Medical Attention
Always seek medical attention right away. Not only is this essential for your child’s safety, but it also provides the medical records needed to support your claim.
Step 2: Preserve the Product and Evidence
Do not discard the defective product. Keep it in the condition it was in at the time of the accident. Take photos, gather witness statements, and store receipts. These can all help prove the product was unsafe.
Step 3: Contact a Product Liability Attorney
Reaching out to a product liability attorney as soon as possible gives your case the best chance for success. Your attorney will begin an investigation, identify the liable party or parties involved, and begin building your case.
Common Examples of Defective Products That Injure Children
Unfortunately, defective toys and other products designed for children are not uncommon. Examples include:
- Toys with small, detachable parts that present choking hazards
- Faulty high chairs or cribs that collapse
- Playground equipment with sharp edges or design defects
- Manufacturing defects in electric toys that cause fires or shocks
Each of these examples has resulted in real injuries to children. And in each of these cases, manufacturers and other parties have been successfully held accountable through the legal process.
Compensation Families May Receive
If your personal injury case is successful, you may receive compensation for:
- All medical expenses (past and future)
- Lost wages for time taken off work
- Pain and suffering of both the child and the family
- Punitive damages to punish particularly reckless behavior
- Costs of long-term therapy or special care
This compensation helps ease the burden on parents while ensuring the at fault party is held liable for the harm they caused.
Why Legal Representation Is Crucial
Even in seemingly clear-cut cases, insurance companies may refuse to pay full damages, or they might try to blame the parents or misuse the child’s actions to reduce compensation. That’s why it’s vital to have a trusted attorney on your side.
A good product liability lawyer will:
- Gather solid evidence
- Work with medical experts to document injuries
- Communicate with the insurance company
- Identify more than one party if applicable
- Help you through every stage of the legal process
What If More Than One Party Is Responsible?
It’s not uncommon for more than one party to share fault. For instance, a toy manufacturer might be responsible for a flaw in the design, while a retailer might be liable for selling a recalled item. In some cases, playground owners or store owners who improperly install or maintain equipment may also be at fault.
Your lawyer will work to identify all parties involved and ensure that every responsible party contributes fairly to your child’s recovery.
Conclusion: Protecting Your Child and Holding Others Accountable
When a child’s injuries result from a defective product, families face more than just hospital visits and paperwork—they face emotional distress, financial strain, and a deep sense of betrayal. But you are not alone. The law provides a pathway to recover compensation, get your medical bills paid, and ensure those responsible are held accountable.
If your family is dealing with the aftermath of a defective toy or product injury, you deserve guidance, support, and justice.
Contact Bourassa Law Group today for a free consultation. Our experienced team understands the unique challenges of product liability cases involving children. We’ll listen to your story, evaluate your case, and help you fight for the compensation your child deserves.
Your family’s pain matters. Let us help you seek accountability and protect others from experiencing the same harm.
1-800-870-8910