Toy Defect Lawyer
A malfunctioning or defective toy can expose the child to the dangers of severe injuries or death when the product does not meet safety standards.
According to the Consumer Product Safety Commission, dozens of children die every year from toy-related accidents involving tricycles, balloons, rubber balls, toy boxes, non-motorized scooters, stuffed toys, and power writing toys.
Did a product defect severely injure your child, or did you lose your little loved one through a wrongful death caused by another's negligence?
The personal injury attorneys at Rosenfeld Injury Lawyers, LLC can ensure that your family receives the financial compensation you deserve for your child's damages.
Do you need someone to represent your family? Contact the toy injury lawyers at our law firm today at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free consultation. All information you share with our product liability lawyers remains confidential through an attorney-client relationship.
All too often, defective toys are hazardous for children, making it challenging to make the right decisions about which toys our children can have. When your child has been injured by the very toys you purchased to bring their happiness, it is reasonable to feel angry and frustrated.
Demanding accountability from manufacturers that sold a defective toy by filing a product liability lawsuit will not only pay for treating your injured child through their recovery but can protect countless other children from harm by forcing the manufacturers to amend their designs and policies.
Causes of Toy-Related Child Injuries
Toys continue to be a large source of childhood injury despite the efforts of parents to do their due diligence and avoid the purchase of toys that present risks and hazards to their children. The most common toys and defects that result in injury include the following.
Toys with sharp edges or pointed surfaces. Parents should avoid purchasing children's products with dangerous edges and pointy parts capable of causing toy injuries regardless of the materials used to make them.
Toys with small parts or detachable components. The small parts pose a choking hazard but some toys do not appear to be a choking problem at first glance. However, regular wear and tear could cause small pieces of the material to break off, making the seemingly harmless toy a choking hazard where the manufacturer should be held liable.
Toys that make loud noises. Aside from being a nuisance around the home, parents may not be aware of the damage that toys are doing to their children's ears. A child playing with children's products with sirens, shooting noises or alarms, could cause hearing loss from the high-pitched and loud noises.
Toys that cause heat or acid burns. Electronic children's products could overheat and burn, causing acid burns and scars. Leaking batteries could expose the child to a personal injury.
Toys that are not properly labeled. Some children's products may be labeled as safe for a certain age group while containing parts that pose a hazard. In other instances, useful warnings about hazards may be omitted or missing leading to toy injuries. Product warning labels should provide sufficient information about how safe the toy is to avoid being injured by a product defect.
Hazardous Packaging. All too often, it is not the product itself, but the packaging it arrives in that is the source of a serious injury. Toy manufacturers are required to design both the product and packaging in a manner which will reduce the likelihood of injury and if the package is a source of injury, you may have a claim.
Consumer Product Safety Commission Facts
The US Consumer Product Safety Commission (CPSC) estimates that over 220,000 children are treated in American emergency rooms every year for toy-related bodily harm.
Many of these injuries result from a child using the toy, tricycle, or scooter improperly. Other times, the problem arises from a toy defect. Many product liability claims are based on being killed or injured by a defective problem, including:
Any defect in the toy manufacturing process could create severe problems and liability issues to the manufacturer. Some examples of a manufacturing defect could include incorrectly attached parts, malfunctioning components, assembling the product with screws that are too long, or a crack in a critical part that could rupture or fail during use.
The toy manufacturer could be held legally liable for all damages due to negligence in making a dangerous product with defects. Injured consumers can file civil lawsuits against all companies manufacturing any product with defects.
A defective toy could be the result of a design flaw that does not safely perform as expected. The toymaker might have manufactured the toy correctly in these cases, but the design was flawed before the manufacturing process began.
Many toy manufacturers face strict liability problems when selling dangerous toys due to severe choking hazards, sharp edges, or dangerous components. Any product defect design creates a product liability issue for the designer and manufacturer.
Failure to Warn of Dangerous Products
Before the product can be distributed, the marking department must ensure that consumers know any inherent dangers when using their products. Any failure to warn the public of a choking hazard, sharp edge, or dangers of a defective toy injury hazard when using the product could create a strict liability issue for the manufacturer and distributor.
While it is not the manufacturer's legal requirement to warn consumers about any conceivable danger with the product, they must warn families that the toy could cause injury if misused.
For example, toy manufacturers must reasonably anticipate that a young child will place a toy in their mouth even if the product was designed for other use.
The Consumer Product Safety Commission can legally recall all children's products, including defective toys, or force the manufacturer to initiate a voluntary recall. However, product recalls are typically limited in scope, and reserved only for dangerous merchandise and goods that have insufficient warning labels, or cause severe injuries or death.
In nearly every state, strict liability applies to three unique situations, including manufacturing defects, dog bites, and abnormally hazardous activities. Personal injury lawyers resolving a civil lawsuit involving a product defect citing strict liability will not need to prove that the manufacturer was reckless or failed to use due care.
Recalling Dangerous Toys and Products
In 1972, the United States Congress created the Consumer Products Safety Commission (CPSC) to protect consumers of any unreasonable and unexpected injury risks of personal injury associated with using products, including toys. Less than a thousand people work for the CPSC, regulating thousands of new products released every year, including about 5000 new toys.
The Consumer Product Safety Commission works concomitantly with Customs and Border Protection officers to ensure the dangerous children's products do not enter the country. In recent years, both agencies have blocked millions of dangerous products from sale because of safety concerns about toy-related injuries and accidents.
Additionally, the CPSC responds to nearly 400,000 consumer complaints every year, many involving children's toys. Every submitted claim and call is investigated. Product recalls typically create liability issues for some companies when adults and children are injured by a defective product or part.
The Consumer Product Safety Commission has the legal authority to issue a recall for all products found to be caused by a defect, dangerous, or hazardous.
Typically, recalls are initiated if the defective toys could cause severe injuries that include:
- Bone fractures
- Puncture wounds
- Traumatic brain injuries
- Wrongful deaths
Consumer Products Safety Commission statistics reveal that approximately 50% of all bodily harm caused by dangerous or defective toys injured the child's head or face. Data reveals that children two years and younger have the highest risk of choking on a toy or toy part than older children, mainly because infants and young toddlers place everything in their mouths.
Your Rights as a Parent of a Child Who Has Suffered an Injury Related to a Defective Toy
Many of the injuries caused by manufacturers' unsafe or defective toys can be severe or fatal. Every parent has the right to demand compensation for the reimbursement of medical bills, physical and emotional trauma that results from injuries or diminished quality of life.
The family should also receive compensation for all complications that may arise later on in the child's life should the injuries affect their growth and development.
If your child has been injured by a defective product, it is important to weigh all of your options and to pursue compensation so that you are not saddled with a financial burden in addition to everything else that you and your child must go through.
Personal injury lawyers working on behalf of their clients build cases on 'strict liability' tort law. Strict liability laws could hold a manufacturer legally accountable for selling products with defects, even if damages, fatalities, and bodily harm from the product defect were not because of the manufacturers' negligence or intention.
Child Safety FAQs
Our toy injury lawyers know that many families have unanswered questions about child safety, toy injuries, civil liability, and holding a toy or game manufacturer legally responsible if their child was injured by a product defect. A product liability attorney has provided facts and answered some of those questions below.
For additional information on toy injuries, defective products, and strict liability lawsuits, contact our injury lawyers today at (888) 424-5757 (toll-free phone call) for a free consultation with our law firm.
What are the most common injuries from a defective toy?
Data shows that defective products can cause catastrophic injuries and deaths. The most common injuries include burns, choking, lead poisoning, intestinal blockage, unsafe, cold, and falls. Children can receive electrical injuries that cause a potential shock due to a design defect or malfunction or be cut with sharp edges.
Small parts on products can easily break and pose a significant choking hazard, especially among young children and toddlers. Any toy with the project out can cause blunt force trauma, leading to severe injuries and bruises. Some children are severely injured and killed using foot-propelled equipment (skateboards, longboards, scooters, etc.), bicycles, and tricycles.
How many children die from toys?
The CPSC received six new toy-related fatality reports in 2018 and 14 toy-related deaths in 2019 involving children under 15 years old. 5 of the 14 toy-related deaths in 2019 were caused by non-motorized scooters, one involved the fall, and four others resulted from motor vehicle involvement while riding scooters.
In 2019, 4 children died in the United States from small plastic balls that obstructed their airways. That same year, U.S. hospital emergency departments reported an estimated 224,000 toy-related E.R. visits
What are the most common causes of toy-related injuries?
CPSC statistics reveal that 23,600 children four years old and younger suffered injuries from unspecified products in 2019. That same year, 4700 toddlers and 32,800 children 12 years old and younger suffered injuries using non-motorized scooters.
In 2019, 23,200 children 14 years old and younger were injured by toy balls, 11,000 were estimated to be injured using toy vehicles, and 9600 suffered injuries playing with building sets.
What is the toy safety standard?
The CPSC is in charge of toy regulations in the United States and evaluates child safety features on nearly 5000 new products every year. The standard as outlined in the Standard Consumer Safety Specification for Toy Safety states that all child products "manufactured or imported on or after February 28, 2018, must be tested and certified to ASTM F963-17."
Any toy manufacturer product must meet safety standards and receive testing and certification by 3rd parties. For toys, the standard is set that the product is designed and intended primarily for children under 13 years old. All testing must be performed at a CPSC-accepted laboratory with test results that show that the toy complies with the legal standards.
How do you know if a toy is safe?
There are practical steps that any parent can use to purchase an appropriate and safe toy for their children. The steps include reading the label, never purchasing small items that can fit in the young child's mouth, and not giving products that shoot any object in the air.
Avoid purchasing loud toys that could damage the child's hearing and look for well-made, machine washable stuffed toys. All plastic toys should be sturdy and not fabricated with toxic materials that could lead to poisoning (look for labeling that specifies "non-toxic").
Every electric toy should be "U.L. Approved," as specified in the label. Perform your due diligence when purchasing crib products and look for any soft object, loose bedding material, and any object that could pose a potential risk of suffocation, entrapment, or strangulation.
Hiring a Toy Injury Lawyer to Handle your Compensation Case
The Rosenfeld Injury Lawyers LLC is a leading product liability law firm and our personal injury attorneys have a successful track record handling cases that are similar to your own.
Whether you have questions about your rights and how the legal process works or are looking for someone to represent the interests of you and your family, we are here to help you.
Contact our toy injury attorneys today at (888) 424-5757 (toll-free phone number) or through the contact form to schedule a free consultation. Your personal injury lawyer will review the details of your case, answer your questions and get to work right away on investigating your product liability case.
Our personal injury law firm accepts all product liability lawsuits through contingency fee agreements, meaning that no upfront fees are paid until after your toy injury lawyer has successfully resolved your case through a jury verdict or negotiated settlement.