When you purchase a toy for your child, you expect it to provide joy, not harm. Unfortunately, defective toys can pose serious risks. Those risks may lead to injuries with long-lasting impacts. As a parent, understanding your rights, the dangers of defective toys, and the steps to take if your child is injured can help ensure their safety and help you pursue justice.
The Dangers of Defective Toys
Defects can result from poor design, manufacturing errors, or the use of hazardous materials. Common types of toy defects include:
- Choking Hazards: Small, detachable parts pose choking risks, particularly for toddlers and infants.
- Toxic Materials: Harmful chemicals like lead paint can cause poisoning if ingested or inhaled.
- Mechanical Failures: Malfunctions in moving parts or battery compartments can cause cuts, burns, or electric shocks.
- Sharp Edges and Loose Parts: These may cause cuts, lacerations, or choking.
Toy-related injuries lead to over 200,000 emergency room visits annually, according to the U.S. Consumer Product Safety Commission (CPSC). Tragically, in 2022, 11 of these incidents resulted in fatalities.
Identifying a Defective Toy
To safeguard your child, you should know how to recognize a defective toy before it causes harm. Common indicators are:
- Small buttons
- Strings
- Magnets
- Loose or Detachable Parts
- Sharp Points
- Toxic Materials
- Lead Paint
- Faulty Mechanisms
- Leaks
To safeguard your household, regularly check for recall notices and read product reviews. The CPSC frequently issues recalls for unsafe toys, and parents can stay informed via the CPSC website.
Steps to Take if Your Child is Injured by a Defective Toy
- Seek Medical Attention: Prioritize your child’s health by getting medical treatment immediately. Keep records of all medical visits, treatments, and expenses.
- Preserve the Evidence: Do not throw away the toy, its packaging, or any receipts. These are crucial if you decide to pursue a legal claim.
- Report the Incident: Notify the CPSC to protect other children and strengthen your case. Reports can be filed here on the CPSC’s website.
- Detailed Documentation: Keep detailed records of all interactions, medical treatments, photos, and other relevant information.
Legal Options for Parents
Product Liability Laws
Hold manufacturers, distributors, and retailers accountable when their products cause harm. In the case of defective toys, liability may arise from:
- Design Defects: Flaws in the toy’s design.
- Manufacturing Defects: Errors during production that make the toy dangerous.
- Marketing Defects (Failure to Warn): Inadequate instructions or warnings about the toy’s hazards.
Types of Legal Claims:
Parents can file defective toy claims for:
- Negligence: The manufacturer or seller failed to exercise reasonable care in the design, manufacturing, or marketing of the toy.
- Strict Liability: You don’t need to prove negligence; you only need to show that the toy was defective and caused injury.
- Breach of Warranty: The toy came with a warranty that the defect violated.
Seek Legal Advice, Promptly
Defective toys pose serious risks to children. However, understanding your rights and taking appropriate action can help you seek the justice your family deserves. Consulting with a lawyer experienced in product liability cases is critical as there are strict time limits (statutes of limitations) for filing such cases.
If your child has been injured by a defective toy, please contact the experienced attorneys at Timberlake, League & Brooks. We can help.
