Each year in the United States, hundreds of defective children’s products injure babies and children, and child product recalls are initiated. For many consumers, the recalls come too late, and only after serious accidents and injuries have occurred. Toy defects are a leading cause of household child injury.
The Consumer Protection Safety Commission (CPSC) is tasked with regulating new products on the market, many of which are designed for children and babies. The safety agency works closely with manufacturers and issues safety recalls when injuries and accidents are reported.
The CPSC, however, can only act after the fact in many cases, and although they have been criticized for not preventing numerous accidents related to defective children’s products, the onus is on the manufacturer of child products to produce and market safe products for American consumers.
Many toys and defective products on the market present choking hazards for young children. Cheap and defective products may break into small pieces, and window cords, playground equipment, jewelry, or clothing create strangulation and choking risks.
The manufacturers of children’s products have a duty to foresee potential injury and properly design and test products before they are released to the public. Companies must also properly warn consumers of any risks associated with their products. Any failure to protect consumers that results in accidents and injury can lead to lawsuits filed by plaintiffs and their child injury lawyer.
Compensation following child injury accidents are likely for plaintiffs. Companies are likely to settle, and try to avoid bad press and a public trial. Financial compensation may not completely help in the haling process following an accident, but holding negligent companies responsible can force them to provide safer products in the future to prevent further accidents.
A product may be defective if any of the following statements are true:
According to the U.S. Consumer Product Safety Commission (CPSC), in 2016 there were an estimated 240,000 toy-related injuries treated in U.S. hospital emergency departments.
The CPSC is the primary federal safety agency responsible for making regulations for the sale and manufacture of consumer products, which includes numerous children-related products and toys. The agency is tasked with protecting children from injuries caused by defective products that pose a health or safety risk.
Each year, the CPSC releases an annual safety and recall report that describes specific toy-related injuries in the United States. Injuries involve minor cuts, bruises, or scratches, and also serious injuries and deaths that result from very dangerous products released on the market. The majority of injuries to children are typically twelve years-old or younger.
The toys associated with the largest number of injuries, according to the CPSC, are non-motorized scooters. Scooters and riding toys represented the largest number of incidents during the last year. Other toys that frequently injure children include balls, dolls, toy guns, water slides and inflatable toys.
Joe Lyon is a highly-rated Product Liability Lawyer representing plaintiffs nationwide in a wide variety of consumer product liability and toy defect cases.
Choking and strangulation hazards are some of the leading causes of child injury and death related to defective children’s products. Objects like balloons, small balls, magnets, marbles, detachable toy parts and art supplies present a serious danger.
Because many children place objects in their mouth, the CPSC has passed the Child Safety Protection Act which bans products with small parts for children under the age of three. Child product and toy companies are meant to test their products against the safety standard to determine any strangulation or choking hazard. Warnings are required if there is any doubt of safety.
Children are at risk of strangulation by cords, strings or ropes. Window blind cords, for example, are a severe child hazard. Breathing difficulties and asphyxiation can result in a short amount of time. Playground equipment and other furniture can present other chocking and strangulation risks.
Lead toxicity can result from a child placing a contaminated product in their mouth. Very young kids and infants are usually the most vulnerable to oral poisoning accidents. Children can exposed to a large dose of lead, or through long-term exposure. Lead can accumulate in the blood over a period of 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 5 years old have elevated levels of lead in their system.
Toxic ingestion is a rather common issue for young kids, and even parents are unaware sometimes 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.
In the past, some of the most notable and worst toy defects that presented safety hazards included the following:
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. It is important to try to remember the following in order to minimize the risk of child injuries:
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. Take photos at the scene and contact an injury lawyer as soon as possible.
An experienced product liability lawyer has the ability to hire experts in design and evaluate the cause of the injury. To build a strong 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.
Compensation may be available for past and future medical costs, pain and suffering, lost wages, as well as punitive damages against a toy manufacturer for disregarding the safety of children and consumers. Manufacturers and distributors of goods can be held liable for any physical harm or property damage caused by their products.
ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
Many product liability cases have had a positive impact on public health and safety, and we have witnessed improved lives and future injuries prevented as companies are forced to remove products and change designs and warnings as a result of litigation.
Unsafe toy product liability lawsuits often contain causes of action for strict liability, negligence, and breach of warranty. Strict liability applies to different factors than negligence-based claims.
In negligence cases, the actions of the defendant are the focus. 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, the company is liable for any foreseeable injuries that are in-part caused by the defective condition of the product.
A children’s product is defective if it is unreasonably dangerous for its intended use. A legal cause of action can be based on several types of product defects. The following are Cincinnati product liability and strict liability claims available in Ohio and in most jurisdictions nationwide:
(1) Manufacturing/ Construction Defect:
These issues arise where the defective toy is released from the factory in a manner that deviates from the intended design or specifications.
As a result of the deviation, the product enters the market in an unreasonably dangerous condition and a baby or child is exposed to or purchases a product that is defective. Any personal injuries or economic loss that arise from the the defect are compensable under Ohio product liability law.
(2) Defective toy design:
Defective design product liability cases arise not because a mistake was made during the manufacturing process, but rather the original toy design is unreasonably dangerous. A “risk benefit analysis” is used to determine whether safer/less expensive alternative designs were available to the manufacturer.
Federal regulations set minimum standards for the design of many consumer products, and preemption defenses may preclude liability in some situations if the manufacturer follows and obtains federal approval for a product.
(3) Failure to warn or inadequate warning or instruction associated with the product:
All consumer products come with necessary and appropriate warnings and instructions for use. If the lack of a warning makes the product and use of the toy unsafe, the manufacturer is liable for the failure to place the warning.
The product fails to conform to a representation or warranty. Warranty claims are more common in commercial and economic loss cases than in personal injury cases. In many States, The Product Liability Act does not apply to cases with only economic loss, because the Commercial Code provides recourse for breach of warranty.
The warranty may be written or implied based upon the products intended purpose and merchantability.
Following a serious injury to your child, The Lyon Firm has the experience, resources and dedication to take on difficult and emotional child injury cases and help our clients obtain the justice for the wrong they have suffered.
Experience: Joe Lyon is an experienced Cincinnati Product Liability Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Product Liability lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.
Yes, if your child has been injured, contact an attorney and document all medical records and keep the defective product. To prove the defective toy caused an injury, all evidence should be kept intact.
The most dangerous toys generally have the same risk factors, that may include: burn risks, strangulation or choking risks, fall injury risks or laceration risks.
Parents are urged to carefully select safe toys based on peer and expert reviews, by checking recall lists, by choosing larger toys babies cannot ingest, toys made of strong and non-toxic materials and without cords or sharp edges.
Toys may be unsuitable for certain ages due to some inherent design defects. Other toys may be constructed with dangerous chemicals. Baby choking risks and strangulation hazards should be kept in mind when choosing an appropriate toy.
Defective products on the market present safety and health hazards for adults and children. Cheap and defective products may pose fire and burn risks; electrocution, strangulation and choking risks; and severe health risks. The manufacturers of consumer products have a duty to foresee potential injury and properly design and test products before they are released.
Companies must also properly warn consumers of any risks associated with their products. Any failure to protect consumers that results in accidents and injury can lead to lawsuits filed by plaintiffs and their product liability lawyer.
The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law.
(Pikeville, Kentucky): Confidential settlement for Plaintiff who suffered spinal cord injury resulting in paraplegia due to defectively designed seat belt. Four passengers with three-point (lap/shoulder) belts walked away from the accident, and the only passenger wearing a two-point belt (lap only) suffered a debilitating spinal cord injury. The settlement assisted with home improvements to assist in daily living. GM entered federal bankruptcy during the process and no longer manufactures two-point lap belts for vehicles.
(Hillsboro, Ohio): Confidential Settlement for the family of elderly man who was catastrophically burned while operating a propane wall heater. The burns resulted in his unfortunate death. The heater, manufactured and sourced from China, was alleged to allow the flame to reach outside the grid area in violation of ANSI standards. The Defendant resolved the case following discovery and mediation. The recovered funds were paid to the victim’s surviving spouse and children. The company no longer manufactures this type of heater.