Child Injury Lawyers Advocating for Consumer Rights Nationwide
Button batteries are used in numerous children's toys. They are small batteries, also called coin cell batteries, and they can be found not only in toys but also in remote controls, keyless entry devices, key fobs, calculators, watches, digital scales, Christmas cards, jewelry, and other household products that are accessible to children. When any of these is designed defectively, the compartment holding the button battery may be easily accessed. Our button battery defect lawyers recognize that children often put things in their mouth, and if a button battery contacts a child's saliva, it generates an electrical current. Chemical burns in the mouth or throat can be fatal or result in catastrophic injuries. If your child has been hurt by a button battery, the experienced child injury attorneys at Moll Law Group are available to help you seek compensation. We handle litigation nationwide, and billions of dollars have been recovered in cases in which we have been involved.
Proving Liability for Defective Button Batteries
Thousands of children swallow button batteries and wind up in the emergency room each year. Often, parents do not even know that a button battery has been swallowed or placed in another cavity. The child might show symptoms of an illness while sustaining electrical burns. In 2014, the Consumer Product Safety Commission announced that it would work with other nations to achieve better practices in connection with these items. Better warnings, designs, and packaging could result in fewer injuries and deaths.
To recover compensation for injuries in a product liability lawsuit, your button battery defect attorney will need to establish a recognized type of defect. There are three types of defects: design, manufacturing, and marketing defects. Usually, button battery injuries are the result of design or marketing defects, also known as failures to warn.
Children's toys are supposed to be designed with compartments that are child-resistant and screwed tight. However, toys are often subject to significant exploration. Moreover, it is not just children's products that contain button batteries. Sometimes the button battery is in a compartment in a household product that a child can easily access. When a battery compartment has a defective design, it can result in a tiny battery going into a child's mouth.
In many states, a manufacturer may be held strictly liable for a defective design. This means that you will not have to show that the manufacturer's actions in designing the product fell below the standard of care. Instead, in most states, you will have to prove that the manufacturer's design was dangerously defective, the defect caused injuries, and there was an alternative feasible design that the manufacturer could have used to make the product safer. Most failure to warn or marketing defect cases can also be pursued under a theory of strict liability.
However, some states do require a plaintiff to prove negligence, which can entail a more complex analysis. In cases arising out of negligence, you need to show that the manufacturer's actions or omissions fell below a particular standard of care, and it was the breach in the standard of care that caused your child's injuries.
Retain an Experienced Button Battery Defect Attorney
If your child was hurt due to swallowing or otherwise ingesting a button battery, the button battery defect lawyers at Moll Law Group are available to pursue a claim or sue the responsible parties for damages. We represent injured individuals and their families nationwide, including in states like California, Illinois, Florida, New York, Texas, Pennsylvania, Ohio, and Michigan. Contact us via our online form or call us at 312-462-1700 to set up a free consultation with a product liability attorney.