Defective and Unsafe Toys

Representing Victims of Defective Child Toys and Products

Many dangerous and defective toys are widely available throughout the United States and often times the danger is unknown until it is too late.

While parents should not have to worry about their children’s safety when buying a new toy, we must be aware that sometimes the seemingly most harmless objects cause irreversible damage.

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Toy-Related Child Injury Statistics

According to the Consumer Product Safety Commission (CPSC), there were an estimated 254,200 toy-related injuries treated in U.S. hospital emergency departments in 2015 – 73 percent of these injuries occurred in children under the age of 15.

Forty-one percent of the estimated emergency department-treated injuries are classified as lacerations, contusions, or abrasions. In addition, 45 percent of the estimated injuries were to the head and face area – the most commonly affected area of the body.

Defective or unsafe toys that can pose an injury risk or hazard to a child are oftentimes recalled by the manufacturer. In 2015, there were 17 toy recalls involving approximately 370,000 toys recorded by the CPSC. These massive recalls highlight the importance of checking toy recalls and testing the safety of toys before giving them to your child.

What Are the Most Dangerous Toys

  • Marketed on the internet without warnings, instructions, or age recommendations.
  • Battery operated toys for children under 8 years old since batteries may leak, overheat, and explode.
  • Contain ‘fur’ or ‘hair’ that could be ingested and pose a choking hazard for young children.
  • Small removable parts or attachments at the end of laces and strings, such as bells, knobs, or beads.
  • Projectile toys that can cause injuries to the eyes.
  • Blunt, pointy, or sharp edges that could break a child’s skin.
  • Realistic-looking toy weapons such as guns, swords, and knives that could be mistaken for the real thing.
  • Strings longer than 6 inches which could strangulate small children.
  • Require electricity to function and do not have step-down transformers to prevent electrocution risk.
  • Toxic or flammable surfaces which can potentially cause injuries if consumed or ignited.

10 Common Injuries Caused by Unsafe Toys

Here are 10 common injuries your child could sustain due to a dangerous, defective, or unsafe toy:

  • Blindness
  • Broken bones
  • Burn injuries
  • Choking or strangulation
  • Cuts and bruises
  • Death
  • Disfigurement or scarring
  • Head injuries
  • Hearing damage
  • Permanent disabilities
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Your Defective Toy Questions Answered

We have straight answers to difficult questions to help you make critical decisions, navigate legal process and help you get justice.

Following an accident, there are always more questions than answers. At Thomas J. Henry, we’re here to answer any questions you have about your injury case.

A child injury case may be brought when an individual under the age of 18 is injured due to the fault of another person or organization. Examples of a child injury case include car wreck or semi-truck accidents, dog bites, daycare or caretaker abuse/negligence, birth injuries, burns, choking, drowning, or any other personal injury. The most serious child injury cases involve permanent injury or death. A guardian, usually the child’s parent, is appointed by the court to bring a lawsuit (if necessary) on the child’s behalf.
The first and most important thing is obtaining proper medical care. Once the child’s injuries are being professionally addressed if there is a belief that the injury was the fault of someone else, or because of a defective product or unsafe condition of the property, an immediate investigation should begin. This is most often undertaken by skilled investigators and experts in consultation with skilled personal injury legal counsel. Often evidence that is crucial to proving fault for an injury can be easily and quickly lost. It is very important to preserve all possible evidence and to obtain photographs.
No. The laws have changed dramatically in recent years to protect child injury victims. Even in civil cases involving molestation, the identity of the child will be protected and the child will not be able to be cross-examined in the way the people sometimes see on TV and in the movies. The parent or guardian for the purpose of the litigation will be more involved in the lawsuit, and the child will usually be able to live their normal life without the lawsuit interfering in any significant way. In most instances, a case will settle outside of court and a lawsuit will not be necessary.
Private schools differ from public schools in that they do not receive immunity. For instance, if your child is seriously injured on the playground or on an off-campus field trip, parents may sue the private schools due to negligence and receive compensation for their child’s injuries.
Did you know that if your child is injured at a public school the school may not have to pay any damages for your child’s injuries? Public schools are protected in some situations by governmental immunity. If your child has been injured due to public school negligence, contact our offices. Our experienced child injury attorneys will help determine if your child has a case against the school.
In most cases, you won’t know whether your circumstances give rise to a valid medical malpractice claim until you have talked to an experienced birth injury lawyer. Doctors and medical facilities are governed by detailed professional standards of care during prenatal, delivery, and postnatal stages of pregnancy and birth. Anytime medical professionals fail to follow accepted procedures, injuries can result, and the doctors and hospital can be held accountable for medical malpractice.

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No matter the injury or the accident, if you or a loved one were harmed due to the negligence of an individual or company, Thomas J. Henry is here to assist you.

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