Each year, thousands of new toys hit the shelves across the United States. While the global pandemic has greatly affected many markets, including the toy industry, the production of toys and other products has only slowed but it has not stopped. Parents can expect to see new toys across the stores this holiday season.
Worrying about the safety of their children is a lifelong job for parents. Truthfully, there are many reasons to worry, but few parents consider the risks of a brand new toy. The United States Consumer Product Safety Commission, CPSC, states that 226,100 children obtained emergency medical treatment for toy-related injuries in 2018. As parents begin formulating their holiday shopping lists, the safety of the toys on their lists should be considered.
Defective Toy Claims
Every parent has a right to expect the safety of a product placed on the shelf for purchase. Even as toy manufacturers have to follow strict U.S. guidelines, browsing through the CPSC’s Recall List will do little to prevent the purchase of an unsafe product. When a toy-related injury occurs, the parents of the injured child have the right to file a claim against the toy manufacturer.
Toy-related product liability claims can come about in one of three ways:
Claims Based on a Toy’s Manufacturing Defect
Toy assembly lines are never perfect, and some toys can be manufactured with defects while in production. When a manufacturing defect occurs, this usually means that the single defective toy has become dangerous as opposed to the entire line of the same toy. In some cases, if there was a mechanical error in the assembly line, the entire batch of the toy will be affected. When an entire batch of toys has been affected, other children who buy the toy can be placed at risk of being injured.
Manufacturing defects can also occur in a number of other ways, including:
- The toy parts were not attached correctly,
- The incorrect size of the screw was used to assemble the mechanical toy, or
- A critical part of the toy was broken or cracked during the assembly process.
Claims Based on the Toy’s Defective Design
A toy is defectively designed when it fails to perform as safely as a consumer would expect. Toys that are dangerous based on their design are inherently dangerous, and they pose a risk to all those who purchase any of the same toys in the entire line.
An important example lies in the Helix Pool Slides by the maker S.R. Smith. The product maker was forced to recall nearly 800 of the pool slides because the slide’s design was defective. The Helix Pool Slides were designed with short walls, making it possible for children to fall off the side of the slide before they could even reach the pool’s water.
Similarly, the Disney corporation had to recall thousands of toys known as “Forky” after the premiere of Toy Story 3. The plush toy had choking hazards that could be dangerous to all the young children the toy was intended for.
Toys that are dangerous even when manufactured the way they were intended to are design flawed. After an injury because of a toy design flaw, a product liability case may be viable.
Claims Based on a Failure to Warn
Manufacturing companies have a legal obligation to warn consumers of the possible dangers inherent in the product. Even if they are not obligated to detail every single risk, manufacturing companies must provide warnings about known dangers and the possibility of injury when using the product.
Companies that manufacture toys should also provide a warning for risks that arise when the toy is being used as intended or was reasonably anticipated to be used. Given the prior example of Disney’s toy “Forky”, the toy was not intended to be put in a child’s mouth. Still, this could be reasonably anticipated, thus initiating the company’s recall.
Defective Toy Injuries Can Last a Lifetime – Obtain the Qualified Support of a Knowledgeable Attorney
Product liability claims are generally filed against huge corporations that have a team of attorneys at their disposal. Consequently, it is not unheard of for a family to expect a challenging case. Regardless, when a toy injures a young child, the consequences can last a lifetime, and monetary compensation can be crucial in the child’s ability to make a full recovery.
No parent anticipates a purchased toy to cause harm to their children. Sadly, injuries caused by toys are common. If your child was injured after using a defective toy, discuss your legal options with a qualified attorney.
At SANFORD A. KASSEL, A Professional Law Corporation, bringing justice to families affected by defective toys is of great importance. The law firm has over a decade of experience handling product liability cases involving defective toys. After an injury to your child, obtain the support of SANFORD A. KASSEL, A Professional Law Corporation. Consider scheduling your free consultation today.
