When Toys Kill: Know the Facts about Product Liability before You Buy a Gift

November 12, 2015 | By admin

Holiday time is around the corner and most, if not all, retail stores — both brick and mortar and online — have already started their efforts to woo customers with “pre” Black Friday sales. The race is certainly on for the consumer dollar and, when it comes to one of the hottest aisles in any store — the toy aisle — there are no shortage of options to convince even the most savvy of consumers to part with their hard-earned money.

The vast majority of toys are tested repeatedly for safety. It’s not unusual, however, to believe something is completely safe just because it’s being sold in stores. Toy manufacturers are required to meet minimal safety standards, aren’t they? The simple answer is “yes,” however, many toys that are sold in US stores are imported from overseas where manufacturing guidelines are far more lax than they are in this country.

Often, authorities are not made aware that there is a safety issue with a toy until someone complains. Of course, that may be too little too late for a number of children injured by the product. If your child was hurt while playing with any toy, you may be able to collect damages by filing a product liability lawsuit. Contact an experienced lawyer to learn your options and rights.

the fact is that deaths and injuries from faulty consumer products cost this country more than $1 trillion every year, according to the U.S. Consumer Product Safety Commission. The CPS is responsible for protecting the public from “unreasonable risks of injury or death.” and often issues product recalls when it becomes aware that a product poses a fire, mechanical, choking and many other hazards.

Every year, there are many recalls involving toys. For example, in September 2015 alone, the Peanuts Flying Ace ride-on toys, sold exclusively at Target, were recalled when it was reported that the toy’s blue hubcaps can easily come off and become a choking hazard. The toy is intended for very young children, ages one to two years. The recall suggests all of these toys be returned to Target for a full refund.
Additionally, children love Build-a-Bear Workshops because there are so many colorful creatures to create. However, the furry blue Starbrights Dragon was recalled when it was reported that , The toys should be returned to the store and the consumer will be provided with a coupon for another Build-A-Bear stuffed animal. is covered in a blue furry fabric with silver satin tummy, feet pads, wings and horns. The horns light up and the toy makes a musical sound when the hand is squeezed.

Yet another example involves two models of fishing games made by Juratoys. In both the Sardines and Starfish games, there are small parts that can be serious choking hazards for children. In fact, according to the CPS “the firm has received about 417 reports of the plastic worm at the end of the fishing pole line separating and releasing small parts, including four reports of children ingesting a small part.” The recall suggests bringing the toys back to the store for a full refund.

If your child gets hurt while playing with a toy, you need to call a knowledgeable product liability attorney who will fight for maximum compensation in your case. At Lombardi and Lombardi, you can rely on us to hold the manufacturer and/or retailer responsible for your child’s injuries.


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