Defective Toys Lawsuit In 2024 | How to Get Compensation for a Toy Injury
Distributors, as well as manufacturers, can be held liable for any physical harm or property damage caused by their toys. In negligence cases, the actions of the defendant are the focus. Moreover, in strict liability claims, the focus is on the condition of a toy at the time it left the manufacturer. If a children’s product is determined to be defective, you should file defective toys lawsuit against the third party. They will be liable for any foreseeable injuries that are in part caused by the defective condition of the product.
According to the U.S. Consumer Product Safety Commission (CPSC), there were more than 240,000 toy-related injuries that were treated in U.S. hospital emergency departments in 2016.
The CPSC is the primary federal safety agency that is responsible for making rules for the selling and manufacturing of consumer products, such as children-related products and toys. Consequently, the agencies are tasked to protect the children from defective toy injury caused by defective products that pose a health or safety risk. Each year, the CPSC releases annual safety guidelines and recall reports to specific toy-related injuries in the United States.
Injuries, such as minor cuts, bruises, or scratches, and also serious injuries and deaths that result from very dangerous products released on the market. To file your defective toys lawsuit, you must be twelve years old or younger.
The toy may be defective in any of the following statements are true:
- The toy has a dangerous design.
- The toy is not functioning as intended or advertised.
- The toy is not made up of quality material.
- The toy has hidden or unreadable warning labels and instructions.
- The toy is missing safety components.
- The toy is poorly constructed or assembled.
- The toy is toxic.
The dangers of defective toys
- Brain injuries.
- Choking hazards.
- Fall injuries.
- Puncture wounds.
- Toxin ingestion.
In addition, according to the CPSC, roughly 50% of all top-rated injuries consist of the face and head. Children more than 3 years of age are at greater risk for choking on toys than older children. This is because children under the age of 3 start putting everything in their mouths. Moreover, their airways are smaller than other children.
Child injury lawsuits & wrongful deaths
- Car seats.
- Flammable clothing.
- Inflatable toys.
- Riding toys.
- Space heaters.
- Toxic toys.
- Swimming pool injury.
- Water slides.
- Window blinds.
Toxic toys & lead poisoning
Lead toxicity results from a child-placing a contaminated product in their mouth. Young kids and infants are usually the most helpless in oral poisoning accidents. In addition, children can be exposed to a large dose of lead, or through long-term exposure. Lead can accumulate in the blood over months to years.
Symptoms of lead toxicity may be mild and can appear long after initial toxic exposure. Lead injuries all depend on the level and duration of exposure and ingestion. According to the U.S. Centers for Disease Control and Prevention (CDC) around 250,000 children in the U.S. under the age of fve years old have elevated levels of lead in their system.
Toxic ingestion is a rather common issue for young kids and even parents who are not aware that child products could contain dangerous chemicals. Lead poisoning is still a problem, even though it is thought to be an age-old safety hazard. Many toys are recalled in the U.S., generally when toys manufactured outside the country are not tested before they are sold to the public.
Other hazardous chemicals may be in child products and can cause adverse health effects. Some toxins are added to plastics in toys and other infant products. Plastic products that have contained chemicals include teething rings and pacifiers, rattlers, and other toys. Children will often place any object in their mouth, whether intended or not, and it is crucial that children’s products are free of toxins.
Establishing liability in a toys effect lawsuit
The toy manufacturer owes you a duty of reasonable care (manufacturers owe a duty of care to all potential users of their products).
The manufacturer breached the duty of reasonable care.
The manufacturer’s breach was the proximate cause of your (or your child’s) injuries.
Dangerous consumer products
Here is a list of the most notable and worst toy defects presenting safety hazards. It includes:
In 2009, Mattel recalled China-manufactured Barbie dolls due to lead paint content.
The dusting powder in the kit was combined with the elements of asbestos, a mineral known to cause cancer.
In 2007, there were 29 reports of children injuring their hands, which got caught in the product and suffered burns. Hasbro recalled almost one million ovens.
The mini hammocks risked kids getting tangled up or strangled in the hammocks. Thousands of products were recalled.
Products were recalled after it was reported that the leg straps of the float’s seat were susceptible to tearing, posing a serious drowning risk. About four million units were recalled.
Presented strangulation risks and there were 17 reports of kids suffering injuries with the cord wrapped around their neck.
This toy causes various face and head injuries, as reported by around 150 customers.
In 2007, Mattel recalled 21 million toys in five weeks, many because of excessive levels of lead paint.
Child accident prevention
It is always a priority to keep kids safe by all means. It is prudent to follow CPSC child product recall lists and make sure you do not already own defective children’s products. defective toys lawsuit in 2023 will help you get fair compensation for all your losses.
How to minimize the risk of child injuries?
- Buy all non-toxic paints and art supplies.
- Choose only flame-resistant child fabrics.
- Follow age restrictions and warnings.
- Look for sharp edges.
- Look out for toys with small, detachable parts.
- Monitor toy recalls.
- Never leave children unattended.
- Report any unsafe child products to the CPSC.
Compensation for defective toys lawsuit
- Past and future medical costs.
- Pain and suffering.
- Lost wages.
- Punitive damages.
Toy defects lawsuit
If your child has been injured due to interaction with particular defective toys, it is critical to preserve the evidence with photographs and all product parts. Filing defective toy lawsuits isn’t enough. Along with this you also need to click photos at the scene and contact an injury lawyer as soon as possible.
An experienced product liability lawyer has the ability to evaluate the cause of your injury accurately. To build a strong case, choosing Ethen Ostroff Law is your best decision. We can provide you with the best references to get a fair settlement for your case.
There must be evidence that the design or material of a toy is defective, a manufacturing defect existed, or the manufacturer was negligent in marketing or testing methods.