Product Liability: What Can I Do If My Child Is Hurt By a Toy?

The joy on a child’s face when they receive a toy they’ve been asking for is a feeling few experiences can replicate. Toys are an excellent way for children to explore their imaginations, develop thinking skills and have social experiences with other kids.

However, toys become less fun when they pose a threat to your child due to the hazards they present. According to the United States Consumer Product Safety Commission, there were an estimated 226,100 toy-related injuries for all ages treated in the U.S. reported in the 2018 calendar year.

Unfortunately, dangerous toys have been a problem for decades in the United States. From lawn darts to hoverboards, recalls, bans and lawsuits are necessary to prevent manufacturers from selling dangerous products to consumers, especially children.

Many of these injuries happened due to product defects, dangerous design and mishandled marketing, instructions or labeling of the toys. Keep reading to learn about hazardous toys and how to handle a product liability suit.

Ways Dangerous Toys Can Harm Your Child

Here are a few common examples of ways toys can hurt your child:

Choking and Suffocation Hazards

Toys with small pieces can present a choking hazard to young children who may accidentally swallow them. These toys are supposed to come with warning labels that give a suggested age range for the product to minimize accidental swallowing.

Blunt Injuries

About half of all toy injuries occur to the head or face. Blunt injuries can occur if a child is on a riding toy, like a tricycle, or uses a toy that encourages aggressive play, like a toy weapon. Lawn darts are the most notorious example of toys that could cause blunt injuries due to their sharp, weighted ends.

Allergic and Chemical Reactions

Manufacturers recall toys every year because of dangerous chemical or allergic reactions that can harm children. One of the most prominent cases of chemical reactions from toys was the use of lead-based paints until they were banned in 1978. Lead exposure causes nervous system damage slowly over time, so it was hard to detect exposure symptoms.

Practicing Safe Toy Shopping

The best way to prevent injury to your child from dangerous toys is by practicing smart, safe shopping. Think through red flags and safety threats that a toy might pose to your child:

• Does it promote aggressive play?
• Does it have sharp edges?
• Are there small parts that a young child might choke on?
• Does it use chemicals that may harm your child?

Check for any warning labels before making a final purchase. While gifting a vintage toy may bring a feeling of nostalgia, remember that older toys were not created with the same safety standards as modern ones. Inspect toys for any small parts that may come loose.

Types of Dangerous Toy Product Liability Lawsuits

Even when you’ve done your best to buy safe toys for your child, they can still cause harm. In this case, you may need to pursue a product liability case to pay for medical bills, property damage or other expenses.

Dangerous toy product liability lawsuits break down a few different ways. First, you have to look at what aspect of the toy caused the danger:

• Design: Poor design caused the toy to be dangerous to you or your child.
• Manufacturing: There were errors in the manufacturing process that made the toy dangerous.
• Marketing/Failure to Warn: The marketing or instructions of the product encourage dangerous or aggressive play. A lack of warning labels can also cause a product to be more dangerous if the hazard isn’t evident to you or your child.

Secondly, an experienced product liability attorney will help you to determine if the case falls under:

• Strict liability: Strict liability is based on the fact that the toy is “unreasonably dangerous” and that it was the cause of injury.
• Negligence: If the toy manufacturer didn’t take the proper precautions to protect consumers from potential harm, this would be considered negligence on their part.

Why You Need to Hire an Experienced Product Liability Attorney

If you or your child were injured due to dangerous toy design, manufacturing or marketing, you might need to seek compensation for medical bills and other damages. Consulting with an experienced personal injury and product liability attorney can help you prepare for the legal disputes toy manufacturers will use to refute your claim.

Are you looking for a lawyer who can help you to get the compensation you deserve? Contact Eng and Woods attorneys at law today to see how we can help.