Filing a Children’s Folding Chair Lawsuit
Has your child suffered a serious back injury, spinal cord injury, or head injury due to a faulty chair? By filing a Children’s folding chair lawsuit, you can recover losses and ask for damages for your little one’s injuries.
From children to adults, broken chairs have sent thousands of adults to emergency rooms with serious injuries. For instance, people fall when chairs collapse, fingers get severed by chairs with jagged edges, and hands get crushed between seats and their bases. Filing a children’s folding chair lawsuit claim helps you get compensation for the damages and losses caused by the defective chair.
Types of injuries caused by a broken chair
A defective or broken chair injures customers of all ages. Additionally, the injuries can be mild and temporary or severe and permanent. These can include:
- Amputated fingers or hands.
- Broken bones in the arms, wrist, and shoulders.
- Head, face, and scalp injuries.
- Neck injuries, including whiplash-like injuries.
- Pinched fingers and hands.
- Spinal injuries, including herniated discs and fractured tailbones.
Can I sue if my child is injured by the folding chair?
Any concerned parent or guardian of a child injured by any product has the right to sue for the latter’s injuries. You can file defective children’s folding chair claims against the manufacturer and distributor of the product to compensate for the losses and damages. The parents or guardians of a child injured by a high chair or any other defective product can file a children’s folding chair lawsuit in 2024 under the doctrine of strict product liability.
Under the said strict product liability doctrine or theory, an injured can sue if a product has a:
- Design defect.
- Manufacturing defect.
- Warning defect.
A child’s chair-related injury compensation ranges from a nominal amount to thousands of dollars. Therefore, finding a highly experienced defective children’s folding chair attorney who can help you get maximum compensation to recover your injuries and losses without any hassle is crucial.
Minimum requirements for children’s folding chairs and stools
The standard includes testing requirements for structural integrity and performance requirements specific to children’s folding chairs and stools, general performance requirements, and labeling requirements.
The standard also includes:
- A requirement that wooden parts be smooth and free of splinters.
- A prohibition of hazardous sharp points and edges.
- A limit on small parts.
- Flammable solids meet the requirements of 16 CFR §1500.
- Design requirements to prevent scissoring, shearing, and pinching.
- Folding mechanism and hinge requirements to eliminate crushing, laceration, or pinching hazards.
- Locking mechanism requirements to prevent unexpected or sudden movement or collapse of the product.
- Limitations on clearance along the hinge line between a stationary and moveable portion of the folding chair or stool.
- Limitations on measurements of any circular holes in rigid materials to prevent finger entrapment.
- Requirements that the product remains fully functional and does not tip over backward or sideways when tested for stability.
- A requirement that labels and warnings must be permanent.
- Requirements that any toy attachments meet applicable toy safety requirements.
Nevertheless, if your child experienced any serious injury due to a defective folding chair, you should file a claim with help from the right children’s folding chair lawyers.
Additional requirements for children’s folding chairs and stools required by the CPSIA?
Children’s folding chairs and stools are subject to requirements for surface coatings, testing and certification, lead, registration cards, and tracking labels. It includes:
1. Lead content limit:
Children’s folding chairs and stools should not contain greater than 100 ppm (0.01%) of the total lead content in any accessible component part.
2. Surface coating limit:
Children’s folding chairs and stools should not be painted with paint that contains more than 90 ppm (0.009%) lead.
3. Testing and certification:
Children’s folding chairs and stools for children 12 years of age or younger should be tested by a CPSC-accepted, 3rd party laboratory for compliance with the Children’s Folding Chairs and Stools Standard (Effective July 6, 2020) and all other applicable children’s product safety rules. Based on that testing, a domestic manufacturer (or importer) of children’s folding chairs and stools must issue a children’s product certificate specifying each applicable rule and indicating that the product complies with those rules.
4. Product and outer package labeling requirements:
Durable infant or toddler products, such as children’s folding chairs and stools, must be permanently marked with specific labeling information, including tracking labels, on the product and the packaging.
5. Product registration card requirement:
The durable infant or toddler products are required to have additional product markings and a product registration card attached to the product.
Choosing a skilled and experienced defective children’s folding chair lawsuit lawyer can help you understand your legal rights to win your claim.
What to do if your child falls off the chair?
It’s critical to seek immediate medical treatment if your child is injured. After all, your child’s health and well-being are of utmost importance. In addition, obtaining medical treatment instantly will also increase the strength of your claim and increase any award you may receive.
In addition, your doctor will document in detail how your child obtained the injury (as a result of falling from a chair) and the extent of the damage. This will only bolster your case. On the contrary, any delay in seeking medical treatment will likely be used against you in any children’s folding chair lawsuit as proof that your child was not badly injured as a result of falling from a chair.
After you have sought medical treatment, recall the event. Write down notes of what happened and the names of any witnesses to the incident. Take pictures of your child’s injuries and, if possible, take pictures of the chair.
Search for highly skilled and experienced lawyers to help you provide a fair children’s folding chair lawsuit settlement. With their extensive experience, they will do their best to provide you with all the children’s folding chair updates and make every possible effort to win your case.
How to prove liability for chair injuries?
Restaurants, casinos, clubs, and other commercial establishments are not automatically to blame if a patron is injured in a chair accident. To recover maximum compensation from the children’s folding chair lawsuit, you must be able to prove the elements of negligence.
To win a commercial chair injury claim, the plaintiff must show that:
- The business was aware that the chair was in disrepair or otherwise defective.
- The business carelessly failed to repair or remove the chair, breaching their duty of care to keep their customers safe.
- Negligence was the direct and proximate cause of the child’s injury.
- The resulting injuries were real and verifiable, required expensive medical treatment, and resulted in missed classes and other losses.
Important things to know
In addition to a strict product liability lawsuit, the injured person or the parent or guardian of an injured child can also make claims alleging negligence or breach of express and implied warranties.
When negligence is raised as a cause of action, it requires proving the negligent act on the part of the manufacturer. Unfortunately, this might be challenging for a person who is unaware of the legal procedure.
On the other hand, if the strict product liability doctrine is raised, the injured party or their guardian doesn’t need to prove that negligence caused a product to be defective. Rather, they will recover damages from a children’s folding chair lawsuit upon proof that the product was defective and such defect caused the injury.
Moreover, in a strict product liability case, the injured party cannot recover punitive damages. On the other hand, the injured party can recover punitive damages in a negligence case.
Contact Ethen Ostroff Law Firm for the Best Legal Strategy
If you or your child has been harmed due to a defective chair, consult with Ethen Ostroff by making a quick call to 610-510-8883 ( by calling this number, you consent to receive SMS updates from Ethen Ostroff Law) or Submit Form to get free consultation. After analyzing the facts of your case, our team will provide you with the best references to the top children’s folding chair lawyers in Philadelphia. The right lawyers know how to proceed and recover compensation for any harm done by a defective chair on infants and toddlers.
