One of the things children enjoy doing most is playing with toys. Playtime allows kids to be curious, imaginative and develop fine motor skills. Most importantly, colorful and interesting toys provide kids with hours of fun and entertainment.
But what happens when a toy you thought was safe ends up being defective and injuring your child? If your child has been hurt by a defective toy, you have every right to take legal action.
First, document the incident and take pictures of the toy and any injuries your child sustained. Then contact the manufacturer of the toy to report the incident and request a refund. You should also contact a defective product lawyer to discuss your legal options.
In the case of complying with a manufacturer recall where an injury hasn’t occurred, you may need to destroy the toy and show proof you disposed of it in order to receive a refund. You shouldn’t do this in the event of an injury. Store the toy without modifying or repairing it, as it may be important evidence in your claim.
An attorney can help you determine if you have a valid product liability claim against the manufacturer and can help you seek compensation for your child’s medical bills, pain and suffering and other damages related to the injury.
There are several entities that can be responsible for a defective toy, including:
A toy may be inherently flawed because of its design. The toy technically works and functions as intended, but it may be dangerous to use. For example, a toy that has too many removable small parts can be a choking hazard for babies and toddlers.
If a toy is incorrectly manufactured, it can become hazardous no matter how safe the design may be. For example, a toy may have broken pieces that are sharp and can cause cuts, scratches and even lacerations.
Lastly, a toy may be correctly designed and manufactured but if it’s missing adequate warnings and instructions about its potential dangers, it can still be considered defective and dangerous.
Toy companies must provide adequate warnings and instructions about the potential dangers of their products to ensure parents are aware of the risks associated with using them. This includes providing age restrictions and any information about any potential hazards, such as choking, strangulation or other physical harm that could result from improper use.
When a toy is recalled, it’s usually due to a safety hazard that could potentially cause injury or death. The most common reasons for toy recalls are choking hazards, exposure to toxic chemicals and fire hazards.
You can check if any of your child’s toys have been recalled by visiting the Consumer Product Safety Commission’s website. If a toy you have in your possession has been recalled, your child must stop using it immediately. You can also contact the manufacturer for a safe replacement or refund.
Examples of Hazardous Toys that Have Been Recalled
This plushy toy house has seams that can burst open, exposing children to the filling, which can cause choking when ingested.
There were no reported injuries from the hazard and the toy was officially recalled on December 1, 2022.
A child riding on the toy may be at risk of falling or being injured due to its tendency to tip forward.
There were 19 reported facial injuries of children falling forward while riding the toy. The toy was recalled on August 25, 2022.
These fabric play tents and playhouses don’t meet the industry flammability standards, which could potentially result in serious burns if they catch fire.
Thankfully, no burns or other injuries were reported and the toy was recalled on July 28, 2022.
The mirror isn’t adequately secured, posing a risk of cuts and lacerations. There was one report of a child getting cuts on their gums from the mirror’s exposed sharp edges. The product was recalled on July 21, 2022.
The rubber rings on the wheels can detach and pose a risk of strangulation in young children.
Although there were several reports of detached rubber rings, no child was injured. The hazardous toy was recalled on June 2, 2022.
Defective toys can lead to serious injuries, including lacerations, choking, burns, poisoning and even death. Keep in mind, a defective toy doesn’t have to be recalled for you to have a valid personal injury case. In fact, many defective toys are never recalled or aren’t recalled until an injury has occurred. If your child was injured by a defective toy, it’s important to follow these steps:
If your child has been injured by a defective toy, you may be entitled to compensation for their injuries. The defective product lawyers at the Buckeye Law Group can help you determine if you have a valid claim and can guide you through the legal process.
We will review the facts of your case and advise you on the best course of action. We’ll also represent you and your child in court, if necessary, and negotiate with the manufacturer or other responsible parties to ensure you receive fair compensation for your injuries.
Call 1-800-411-PAIN to book your free consultation.
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