May 16, 2016 • Personal Injury
In 2011, it was found that an estimated 195,363 children under 18 years were treated in emergency departments in the United States for toy-related injuries.
This accounts for 1 child receiving treatment every 3 minutes for type of injury. During this time, the annual rate for toy-related injuries among children younger than 18 years also increased by 39.9%.
Toys may be defective because of errors in manufacturing or design. Toys can also have defects due to differences in standards in the country in which the toy was manufactured. In some countries, toys have been found to contain lead and other harmful materials. The responsibility of ensuring toy safety lies with toy companies and they can be held liable if injuries are caused by these types of defects.
Injury Risks of Defective Toys
When there is lead and other harmful substances in toys, children may be poisoned when they play with those toys. This risk increases further when toys are for infants and toddlers as there is a high likelihood that the child will chew on the toy.
Toys that are not adequately designed or manufactured may result in small parts coming undone, leading to choking hazards that are dangerous. Children may also fall or sustain cuts and other injuries due to defects in toys. Additionally, defective toys that use batteries or electricity may pose a risk of electrical burn injuries and electrocution.
Preventing Defective Toy Injuries
All toy companies are required to comply with strict standards for all toys that are manufactured after June 12, 2012. In the United States, the toy standards were revised at this time to help in the prevention of toy-related injuries.
Third party testing may be required by certain toys to make sure that the products do have any defects and are free from harmful materials and substances such as lead. However, this mandate was not made retroactive. Therefore, the current testing procedures and standards may not have been performed on toys that were manufactured before June of 2012.
Liability in Defective Toys
When a child is injured as a result of a defective toy, a number of different parties may be liable. If the design or manufacturing process caused the defect, the manufacturer of the toy may be liable. If improper labeling was the cause of injury, the company that manufactured the product packaging may be liable. If the product was recalled or the retailer was aware of the defective toy, the retailer may be held liable.
When injury is caused by a defective toy, the parents of the injured child can file a product liability lawsuit against the manufacturer or retailer. The victims are owed compensation, so they can receive compensation for medical bills, future medical costs, pain and suffering, etc. It is important to ensure that victims or plaintiffs find an experienced and sagacious lawyer to help protect their rights and make sure they receive fair compensation for damages.
The most Spectacular Law Firm in NYC
If you or a loved one has been injured by a defective toy, you should seek the help of the reliable and experienced personal injury attorneys at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212 697 9280.
Give us a call. We have won millions and millions of dollars for past clients. We know how to win cases. We know how to build a solid case and we know when to strike. We know what a winning case looks like and we know what legal buttons to press and how hard to press them. We are only paid when you are paid. We charge you nothing up front and since we only take a percentage it is as if we charge you nothing at all.