Skip to Content

Product Liability: What Makes a Toy Defective?

Very few parents would anticipate it, and yet many children go straight from the playpen to the ER. Defective toys are often to blame, and product liability concerns are one of the top reasons children younger than 18 years old are treated in a U.S. emergency room. In fact, Nationwide Children’s reports that it happens every 3 minutes. The World Against Toys Causing Harm (WATCH) has 11 components that pose potential harm to children, and examples of common injuries children suffer from defective toys include choking on small parts, ingesting toxic materials, or injuries or falling from a scooter.

Defective Toy Characteristics

However, many factors can make a toy “defective” under product liability law that can result in a class action lawsuit. Toys may be deemed defective if they have:

  • Design flaws
  • No indication of the appropriate age range for use of the toy
  • Assembly line failures

How to Keep Your Children Safe

You can take proactive steps to protect your children from harmful toys or keep toys that are age-inappropriate out of reach. Parents should always check age recommendations when purchasing toys. While the U.S. Consumer Product Safety Commission has testing requirements in place for toys meant for children 12 years of age and younger, the parent should do their due diligence and use their discretion while toy shopping. That means if a toy looks like it could pose a threat, it likely can.

What to Do if a Toy Is Recalled

If a toy company issues a recall and publicizes the dangers of a specific toy, parents can ship the toy back to the manufacturer for free and get a full refund. However, very few recalled toys ever go back to their manufacturer, as there is no federal system to deal with this type of waste. Be diligent. Make sure you supervise your child during playtime, especially younger children who may injure themselves whether or not the toy truly deemed defective or not.

Contact Us at The Law Offices of David Henderson

Was your child injured by an unsafe toy? Even if it was already recalled, you could have a case to sue the manufacturer. You’ll need an experienced product liability attorney by your side to help you navigate the legal hurdles you’ll face along the way. Because product liability lawyers work on a contingency basis, that means you won’t pay your attorney a dime unless you win your case, so you have nothing to lose from reaching out today for legal guidance.

Has your child been injured by an unsafe toy? The product liability lawyers at The Law Offices of David Henderson are available to listen to you. Contact us at (888) 295-6566 or reach out online for a free, no-obligation consultation.