The holiday season has finally arrived and so has World Against Toys Causing Harm’s “Worst Toy List” for 2013. At the Gilbert Law Group, our products liability lawyers represent families whose children suffered serious injuries because of unsafe or faulty toys. Manufacturers have a duty to make products that are safe for use. When failure to do so causes child injuries, this could be grounds for a product defects case.
Some of the Products Included on WATCH’s 2013 Worst Toy List:
Army Force Automatic Rife by Chuangfa Toys Factory: The small parts pose a choking hazard and the toy is definitely not for
kids under the age of 3.
Big Rock and Roll Ball Pi from The Little Tikes Company: For kids ages 3 and up, users can climb inside and roll around in (or push) the ball. WATCH warns that impact injuries could happen.
Max Steel Interactive Steel with Turbo Sword by Mattel: This too may cause possible impact injuries and also facial injuries from the blade of the toy sword.
Disney Princess Backpack Fishing Kit from Pure Fishing and Disney: This toy has lead in it. It could prove toxic if the lead is ingested.
Black Widow Folding Slingshot by Barnett Outdoors, LLC: WATCH says serious bodily injury may result and the toy actually warns that proper use could lead to “severe harm.” Still, the toy has been recommended online for kids as young as six months.
Little Drummer from Hape Toys: Watch says this drum set doesn’t come with a warning even though at 6 ½ inches the drumsticks are long enough to pose a choking/ingestion danger.
Boomerang, “Throw and Catch” from Kole Imports: The plastic boomerang could cause impact injuries. WATCH says kids shouldn’t be allowed to use boomerangs, yet this toy is recommended online for kids 16 months and older. The packaging, however, says not for kids under age 3.
Disney Baby Snow White from Tollytots Limited: WATCH says the doll’s detachable bow may pose a choking hazard.
Unfortunately, every year, families end up in emergency rooms because of a toy-related injury. According to SafeKidsWorldWide, about 181,500 got ER care for their toy injury in 2010. More than half of the children were under the age of 4. Meantime, the Consumer Product Safety Commission reported 13 toy-related fatalities. It says that there were 262,300 toy injuries that required immediate medical attention in 2011.
Common cause of toy injuries:
• Ingestion or choking accidents from small toy parts
• Cuts from sharp toy parts or corners
• Magnet injuries from accidentally swallowing small magnetic pieces
• Choking or suffocation hazards from drawstrings or extra long cords
• Lead poisoning from lead in toys
• Hearing damage from toys that make noises that are too loud
• Fall injuries from falling off a toy
• Impact injuries from falls
• Eye injuries from toys with sharp parts or toys that emit objects/parts
with force
• Burn injuries or electrocution injuries from toys that require
electrical operation
You may have reason for a toy injury lawsuit against the manufacturer, seller, retailer, or distributor.
The holiday season is a time for celebration and merriment, not for tragedy while your child suffers because others were negligent. Filing a child products liability claim not lets you pursue financial compensation that can cover the costs of medical expenses and other related damages. It also can allow you to hold the liable parties accountable, expose a safety hazard, and prevent other injuries or deaths from happening.
