West Palm Beach Defective Toy Lawyer
Florida Defective Toy’s Lawyer
When parents purchase toys for children, parents expect those toys to be safe and of good quality. Unfortunately, that is not always the case and many toys are recalled each month. When toy recalls occur, there have often already been injuries that have brought the defect or safety issue to the attention of the toy company. If children are injured by defective toys, parents may be able to sue the company for damages.
Reasons for Toy Defects
Toys may be defective because of design or manufacturing errors. Toys may also be defective because of differences in standards in the country in which the toy was manufactured. Toys manufactured in other countries have sometimes been found to contain harmful materials such as lead. Toy companies are responsible for ensuring toy safety and can be held liable if these types of defects cause injuries.
Defective Children’s Toys Injury Risks
When toys contain lead and other harmful substances, children may be poisoned by playing with the toys. This risk is further increased when toys are for toddlers and infants because of the high likelihood of the child chewing on the toy. Toys that are inadequately designed or manufactured may pose choking risks to younger children if small parts come undone. Defective toys may also cause children to fall or may pinch skin or flesh. Defective toys that rely on electricity or batteries may pose a risk of electrocution and electrical burn injuries.
The Consumer Product Safety Commission lists toy recalls every month. These recalls go out to retailers and are publicized, but may not reach parents before injuries occur. Many toys that have had recalls issued slip under the radar and still get sold and used, even years after recalls.
Recalled Toy Resale Liability
Under the Consumer Product Safety Improvement Act of 2008, it is illegal to sell recalled toys. Retailers may be held liable for selling toys that have been recalled. Individuals may also be held liable for injuries if recalled toys are sold at a garage sale or given away, so it is important to check recall lists before selling or donating toys.
Preventing Defective Children’s Toy Injuries
Toy companies are responsible for complying with strict standards for all toys manufactured after June 12, 2012. The toy standards in the United States were revised at that time to prevent injuries. Certain toys may require third party testing to ensure that the products are free from defects and harmful materials. This mandate was not made retroactive, however, so toys manufactured before June 2012 may not have been subjected to the current testing procedures and standards.
Defective Children’s Toys Liability
A number of different parties may be liable when a defective toy causes injury to a child. If the defect was in the design or manufacture of the toy, the toy manufacturer may be liable. If the injury was caused by improper labeling, the manufacturer of the product packaging may be held liable. If the retailer was aware of the defect or if the toy had been recalled, the retailer may be liable.
Defective Children’s Toys Lawsuits
When a defective toy causes injury, it is important for the parent or victim to contact an experienced product liability attorney as soon as possible. A product liability attorney can help victims determine who is liable for the injuries and can provide advice and assistance for building a successful case. The defective toy should be preserved as evidence, along with medical records for the injuries. Returning the defective toy to the retailer or manufacturer or discarding the toy may make it difficult to prove that the toy was defective.
Damages for Defective Toys
When defective children’s toys cause injury, victims are owed compensation for medical costs and other costs that are directly associated with the injuries. Victims may also be awarded compensation for pain and suffering and future medical costs. In cases where companies are found to have delayed a recall or continued to sell toys that were known to be dangerous, the company may face additional fines and penalties to discourage future misconduct.
“FAQs: Safety Standard for Children’s Toys.” U.S. Consumer Product Safety Commission. U.S. Consumer Product Safety Commission, 12 June 2012. Web. 13 Oct. 2014. <http://www.cpsc.gov/en/Business–Manufacturing/Business-Education/Toy-Safety/FAQs-Safety-Standard-for-Childrens-Toys/>
“January 2014 Product Safety Recalls.” Safe Kids Worldwide. Children’s National Medical Center, 29 Jan. 2014. Web. 13 Oct. 2014. <http://www.safekids.org/january-2014-product-safety-recalls>
“The Consumer Product Safety Improvement Act (CPSIA).” United States Consumer Product Safety Commission. United States Consumer Product Safety Commission, 6 Dec. 2013. Web. 13 Oct. 2014. <http://www.cpsc.gov/en/regulations-laws–standards/statutes/the-consumer-product-safety-improvement-act/>
“Trouble in Toyland: The 24th Annual Survey of Toy Safety.” Florida PIRG. Florida Public Interest Research Group, 24 Nov. 2009. Web. 13 Oct. 2014. <http://www.floridapirg.org/reports/flp/trouble-toyland-24th-annual-survey-toy-safety>