Children spend hours each day playing with a variety of different toys. Parents deserve the peace of mind that comes with knowing the toys they purchase for their children are safe. Unfortunately, dangerous and defective toys are recalled every month. By the time a recall happens, children may have already been injured by a company’s negligent design or production. Furthermore, many toys are made overseas – in factories that may lack safety and quality control measures.
A successful product liability case may be based on a:
(1) Design defect. In these cases the injury was caused by a poor design (even though there may be no defect in the individual product itself). A common example would be snaps on children’s clothing that don’t fit together properly and fall off, creating a choking hazard.
(2) Manufacturing defect. In such cases the injury was caused as a result of defect in the manufacture of the product. An example would be a bicycle which was built with a small crack in the frame, which breaks when used, causing an injury to the rider.
(3) Failure to warn, or “inadequate warning”. These cases refer to injuries caused as a result of a product known to be potentially dangerous which was sold without a proper warning to the consumer. An example would be an over the counter children’s medication sold without a warning of the potential hazards or side effects.
A large number of product-related deaths among children are caused by choking and suffocation – mostly from toy balls, latex balloons and game dice. Children under four, who account for half of these statistics, are particularly susceptible to choking injuries.
The majority of toy-related deaths in children age 14 and up involve some sort of motorized toy. Under 14, many injuries come from non-motorized scooters, skateboards, and similar products. Riding toys, including non-powered scooters and tricycles, are associated with more injuries than any other toy group.
Worldwide, there are millions of products sold into the marketplace every year that endanger children. The manufacturers of these toys need to be held accountable if their products injure a child. If your child has been injured due to a dangerous or defective product, contact an experienced personal injury attorney to discuss your options.