Lead poisoning - can you sue the toy company? (recall products) on market still?

Question

my daughter has had some tests done two weeks ago. One is for lead poisoning. Her symptoms are very similar to those of lead poisoning.

I looked through the recall website, and sure enough -- the toy that she played with constantly is on that list. It was recalled too many years after it was on the market though, unfortunately.

If my daughter has lead poisoning...and we can prove that we had the toy in possession, can we file a law suit against the toy manufacturer? I am so upset -- I cannot believe these companies are doing this to our children!!!

Answer 1

First, let's hope for the best for your daughter. I'm sure this is a difficult time for you and your family and I can't imagine your anger and grief now. Peace be with you.

Second, of course you can sue...but the burden of proof is on you and your attorneys, and with the millions that large companies have at hand to defend themselves against civil actions...the chances of you winning are probably slim and none. I'm not aware of any court cases that have gone forward since the spate of toy recalls we witnessed last year. But, by all means, talk to an attorney (or two or three or ten or twenty) and explain your situation. Maybe you'll find one who'll take your case. Good luck to you.

Answer 2

Everybody who is an adult know survived it when they were younger.  

There will probably be a 5 minute long commercial for some ambulance chaser soliciting business for this in the near future.

Answer 3

Yes you can because the company is supposed to do tests like this on there products within 6 months to a 1 year of the products release.

Answer 4

If they do not pay, you can embarress them on a forum.

http://www.totalrecallinfo.com

Take care.