In a perfect world, we could take it for granted that products marketed for use by children would be safely designed and manufactured. Sadly, this is not always the case. According to the Consumer Product Safety Commission (CPSC), dangerous toys and other products continue to pose risks for children across the country. In 2007, nearly 233,000 children were injured in accidents involving toys.
At the offices of children’s toy-injury lawyer Jeffrey Killino, we are ready to fight for you and your child. Call us at 877-875-2927 to learn about the legal services we offer.
Many injuries related to children’s products involve toys. Our child-injury attorneys are prepared to represent the victims of:
- Recalled Toys that Cause Injury
- Lead Paint Poisoning
- Mercury Poisoning
- Choking/Strangulation Hazards
- Age-Inappropriate Toys
Other Defective Children’s Products
Of course, toys are not the only children’s products that have been associated with serious injuries. We can also assist with cases involving:
- Child Crib Injuries
- Bicycle Helmet Injuries
- Playground Injury
- Defective Trampolines
- Defective Sports Equipment
Strict Liability and Children’s Products
Most states observe the legal doctrine of strict liability, which is derived from the belief that corporations have a responsibility to ensure the safety of products they manufacture and sell. When such safety is not ensured and someone is injured by a defective product, the injured person may obtain damages under a strict liability theory, even without demonstrating that the defendant-company was negligent.
Strict liability is one type of claim that may be brought in a product-liability action, which is an action that seeks to hold manufacturers and anyone in the chain of a product’s distribution—such as retailers, distributors, and suppliers—liable for injuries sustained by someone while using the product, if a defect in the product is a cause of those injuries. A strict liability form of product-liability action does not require a plaintiff to prove negligence on the part of a defendant, and is most commonly employed when an injury is caused by a product’s manufacturing, design, or warning defect.
Because toys can pose such significant dangers to children—and do so in so many ways—federal regulations require manufacturers to observe strict standards in designing, manufacturing, and labeling such products. When these standards are not met and a child is injured as a result of a product defect, strict-liability claims may achieve some justice for these children and their families.
Strict-liability actions for injuries caused by defective toys
- Improper labeling or absence of warnings
The Consumer Product Safety Commission (CPSC) engages in what is known as “small parts regulation,” in accordance with the Code of Federal Regulations, 16 C.F.R. 1501.2, and determines which toys are suitable for children of a particular age. If a toy is suitable only for children over a certain age—as many of them are—but the manufacturer fails to warn consumers against allowing children under a certain age to play with the toy, the manufacturer and anyone in the chain of distribution may be found liable under a strict-liability theory for injuries caused to children who play with the toy and are under the age for which the toy is safe.
- Defective manufacturing or design
If a child uses a toy as intended and is within the age group for which it is designed, the manufacturer may nevertheless be found liable for certain injuries sustained by the child while playing with the toy. If, for instance, the child chokes on a component of the toy while using it as intended, the product may be considered defective as a result of the choking hazard, subjecting the manufacturer to possible liability in a product-liability lawsuit. Other defects in manufacturing or design may also lead to liability on the part of a manufacturer. Faulty battery-compartment latches that allow children access to dangerous batteries may qualify as a defect. So, too, may the use of lead in the manufacture of children’s toys.
- Other children’s products
Strict-liability claims may also be brought against the manufacturers of children’s products other than toys when a defect in the product is a cause of injury sustained by a child while using the product. Just as is true with respect to defective toys that cause injury to a child as a result of the defect, any defect in the manufacture or design of such products, or a failure to warn of dangers or include proper instructions for their safe use, may result in the liability of the product’s manufacturer as well as anyone else in the product’s chain of distribution.
If your child has been injured by a defective toy or other children’s product, a children’s defective-product lawyer can help you pursue your legal rights. Contact toy- and children’s product-injury attorney Jeffrey Killino at 877-875-2927 for expert assistance in obtaining the compensation to which you are entitled.