Now that the holiday season has passed, your children might have a whole lot of new toys around the house, and can be exposed to all types of other toys at school or at friend’s houses. It’s easy to assume that toys sold at reputable stores must have passed some kind of scrutiny to be considered safe for our children, but does that mean your child is safe from injury? Sadly, no. Approximately a quarter of a million visits are made to US emergency room each year due to toy-related injuries, which does not include the many other injuries that do not rise to that level but which can nevertheless cause serious injuries.
Are these injuries all due to defects in the toys? Absolutely not. As anyone who’s spent significant time around kids can tell you, even the most innocuous stuffed animal or doll can be turned into a bludgeoning weapon in the hand of the right toddler or teenager. That said, many thousands of injuries each year are in fact due to defects in the manufacture or design of toys, and, under product liability law, designers and sellers of such toys can be strictly liable for any injuries caused.
The Most Common Types of Toy Defects
According to the US Consumer Product Safety Commission (CPSC), the most common types of injuries that arise from toy-related accidents are lacerations, fractures, strains and sprains, and contusions. Other types of injuries commonly seen in emergency rooms from toys are poisoning and choking. Common types of toy defects that lead to injuries such as these are:
- Toys that can cause burning or overheating leading to clothing fire risk
- Toys with small parts that can lead to choking hazards in young children
- Magnets that, when removed and swallowed, can lead to intestinal blockage
- Toys with unnecessarily sharp edges
- Bicycles and scooters without proper safety features (the popularity of foot-powered scooters themselves have helped lead to a 40% increase in toy-related injuries over the past several decades)
- Toys causing injuries during assembly
Bringing a Defective Toy Claim
If you or a family member has been injured by a defective toy, you should speak with an experienced product liability attorney in your area who has the skills and experience to assess your situation and determine whether bringing an individual or class action product liability suit is in your interest.
The product liability attorneys at McCune Wright Arevalo, LLP in Ontario, California have built their reputation as the premier complex litigation attorneys in the Inland Empire by obtaining large settlements and verdicts on behalf of injured consumers across California. Contact us to schedule a free consultation with an experienced attorney to discuss your matter.