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Jonathan Rosenfeld

March 2, 2023

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A malfunctioning or defective toy can expose any child to the dangers of severe injuries or death when the product does not meet safety standards.

According to the Consumer Product Safety Commission (CPSC), the primary federal safety agency, dozens of children die yearly from toy-related accidents involving tricycles, balloons, rubber balls, toy boxes, non-motorized scooters, stuffed toys, and power writing toys.

Were your child’s injuries the result of a defective toy? Did a product defect severely injure your child, or did you lose your loved one through a wrongful death caused by another’s negligence?

Contact our Chicago product liability attorneys at our law firm today at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free consultation. We assist in child injury lawsuits and wrongful deaths.

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.

Defective Children's Toys - Toy Injury Lawyers

All too often, defective toys are hazardous for children, making it challenging to decide which toys our children can have. When your child’s serious injuries are caused by the toys purchased to bring happiness, it is reasonable to feel angry and frustrated.

Demand accountability for a manufacturer’s breach of a defective toy by filing a product liability lawsuit. Compensation from a case will pay for treating your injured child through recovery but also force the manufacturers to amend their designs and policies.

Causes Of Child Injuries Due to Dangerous Toy Defects

Toys continue to be a significant 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 with defects that surround your children can become hazardous products, such as:

  • Toys having a defective design with sharp or pointed edges – Parents should avoid purchasing children’s products with dangerous edges, and pointy parts capable of causing toy injuries regardless of the materials used.
  • Toys with small parts or detachable components such as toy guns – The small pieces pose a choking hazard, but some toys do not appear to be a choking problem.
  • Children’s toys that make loud noises – Aside from being a nuisance around the home, parents may not be aware of the damage toys are doing to their children’s ears. A child playing with 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. Toxic toys with leaking batteries could expose the child to personal injury.
  • Toys that are not correctly labeled – Some children’s products may be labeled as safe for a particular age group while containing parts that pose a hazard. In other instances, adequate warnings about dangers may be omitted or missing leading to toy injuries.
  • Hazardous packaging is not the children’s product itself but the packaging it arrives in that is the source of a severe injury. Toy makers must design both the product and packaging to reduce the likelihood of injury; if the package is a source of injury, you may have a claim.

Consumer Product Safety Commission Facts

The US CPSC estimates that over 220,000 children are treated in American emergency rooms yearly for dangerous toy injuries.

Many of these common injuries result from an injured child using the toy, tricycle, or scooter improperly. Other times, the problem arises from a toy defect.

Many product liability claims filed against large toy companies are based on being killed or injured by defective products, including:

Toy Manufacturer Defects

Any injury sustained from a product defect in the manufacturing process poses a health or safety risk creating liability issues for the manufacturer.

Some examples of a manufacturing defect could include incorrectly attached parts, missing child safety components, 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.

Toy companies could be legally liable for all damages due to negligence for selling defective toys. Manufacturers are responsible if they knew the defect existed and chose to ignore the fact or if they were negligent in marketing or testing methods.

Design Defects

Children’s products with defects could result from 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 liability issue for the designer and manufacturer.

An example would be motorized and non-motorized riding toys where handlebars, wheels, tires, or axles fail, causing a hazard for small children.

When children are injured through interaction with particular defective toys then product liability lawsuits are considered. All evidence, such as the toy and parts needed to prove the product defect must be preserved.

Failure To Warn of Dangerous Toys

Any failure to warn the public when using the toy that it could cause choking, have a sharp edge or cause other defective toy injury dangers could create a strict liability issue for the manufacturer and distributor

In nearly every state, this applies to unique situations, including manufacturing defects and abnormally hazardous activities. Personal injury attorneys 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.

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.

Child product manuals must contain all necessary information and warnings to prevent critical injuries and ensure that adequate measures can be taken when toys are used.

Anticipating Problems

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 or all the associated dangers involved in riding toys.

The CPSC can issue a legal toy recall on all defective children’s products, including defective toys, or force the manufacturer to initiate a voluntary recall [1].

However, product recalls are typically limited in scope and reserved only for dangerous merchandise and goods with insufficient warning labels or cause severe injuries or death.

toy injury lawyer

Consumer Products Safety Commission, Defective Toys, and Toy Manufacturers

In 1972, the United States Congress created the Consumer Products Safety Commission (CPSC) [2] to protect consumers from any unreasonable and unexpected injury risks of personal injury associated with using products.

The CPSC works concomitantly with Customs and Border Protection officers to ensure that dangerous children’s products do not enter the country. Recently, both agencies have blocked millions of hazardous products from sale because of safety concerns about toy-related injuries and accidents.

Additionally, the CPSC responds to nearly 400,000 consumer complaints yearly involving children’s toys. Every submitted product liability claim and the call is investigated to promote child accident prevention.

Product recalls typically create liability issues for some companies when a defective product or part injures adults and children.

Typically, recalls are initiated if the defective products could cause serious injuries that include:

child injury defective toy lawyer

Many 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 and physical and emotional trauma that results from injuries caused by the toy and the diminished quality of life.

You must consider all options and pursue compensation if a defective product injures your child. Therefore, you are not saddled with the financial burden of future medical costs in addition to everything that you and your child must endure.

Product liability lawyers working on behalf of their clients build cases on ‘strict liability’ tort law.

toy defect attorney

Hiring Personal Injury Lawyers to Handle Your Toy Injury Compensation Case

The personal injury attorneys at our product liability law firm have a successful track record of handling similar cases. We can assist you in determining who is to blame for your child’s injury and bring them to justice.

Contact an experienced product liability lawyer today at (888) 424-5757 (toll-free phone number) or through the contact form to schedule a free case review.

Your personal injury lawyer will review the details of your case, answer your questions, and work on investigating your product liability case immediately.

Our personal injury law firm accepts all product liability lawsuits through contingency fee agreements, meaning that no upfront fees are paid until your toy injury lawyer successfully resolves your case through a jury verdict or negotiated settlement.

Resources: [1] FDA, [2] Consumer Products Safety Commission

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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