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Did a Defective Holiday Gift Cause Injuries to You or Your Family?

By Hess & Nghiem on January 6, 2020

The holidays are a great opportunity to show our loved ones exactly how special they are to us by presenting them with heartfelt gifts. When those gifts end up injuring the recipient, however, it can result in a stressful and costly situation. Defective consumer goods can seriously injure unsuspecting users, and their manufacturers can and should be held responsible. When the recipient of the gift in question is a child, it is that much more distressing.  If you or a loved one was injured by a defective holiday gift, you need the professional legal counsel of an experienced Santa Ana personal injury attorney on your side. 

Dangerous Defects

Consumer goods can present with any number of dangerous defects, but there are several basic categories that typically apply, including:

  • Defects in Design – Sometimes, a consumer product’s design itself is defective. This means the product – by its very nature – is dangerous (although the consumer is generally unaware). 
  • Defects in Manufacturing – Manufacturing defects include those defects that take place during the manufacturing process. This can mean that a food item is contaminated or that a toy, appliance, or anything else was compromised during the process.
  • Failure to Warn – When a product has a known, inherent danger that can be avoided with adequate warning and proper usage, the manufacturer is responsible for sharing this information in a meaningful way. Not to do so can lead to dangerous accidents and liability. 

Dangerous Gifts

While any product can have a dangerous defect, the holiday gift basics tend to top the list, including:

  • Clothing – Clothing is a popular gift for children and adults alike, and items of clothing can incorporate a variety of defects, such as inadequate fire resistance, poor traction in footwear, skin irritants, choking hazards, and more.
  • Food – Food is a popular holiday gift, but when the prepared food you receive is contaminated with either toxins or other dangerous contaminants like shards of glass or metal shavings, it can lead to serious illness and/or injury.
  • Tools and Appliances – Many people give and receive tools and appliances over the holidays, and when these machines are defective, they can be exceedingly dangerous. When electricity is involved, it increases the danger up to the next level. Further, manufacturers are responsible for providing careful instructions that guide consumers on how to use their products safely.
  • Toys and Games – Children, the holidays, and toys and games just belong together, and when a toy or game is dangerously defective, it can leave a child seriously injured. Toxic paints and small parts that present choking hazards are common causes.  

If Your Holidays Were Marred by a Defective Gift, an Experienced Santa Ana Personal Injury Lawyer Can Help

If a holiday gift left you or your loved one injured, the dedicated personal injury lawyers at Hess & Nghiem in Santa Ana are here to help. Our experienced legal team is committed to building your strongest case in defense of your rights and in pursuit of your rightful compensation. We’re on your side, so please don’t hesitate to contact us online or call us at (657) 333-5726 for more information today.

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