The harming of a child by a toy or other product intended for a child’s use and enjoyment can be devastating to the child and the child’s parents. The vulnerability of children to such injuries has resulted in legislation specifically targeted to toy design, manufacturing and labeling. Labeling requirements include those related to toys intended and advertised for use by certain targeted age groups.
Parents and supervisors of children bear the responsibility of allowing children to use only those toys created specifically for the age groups into which those children fall. When a parent or supervisor allows a child to play with an age-inappropriate toy because the manufacturer failed to label the toy with an appropriate warning regarding the ages for which the toy may be safely used, however, the manufacturer may be held liable for injuries suffered by a child as a result.
If your child has suffered an injury from an age-inappropriate toy that contained no warning or inadequate warnings regarding the appropriate ages for the toy’s use, you may be entitled to damages in compensation for your child’s injuries. Child age-inappropriate-toy lawyer Jeffrey Killino is ready and willing to help you fight your case in court. Call attorney Killino today at 877-875-2927 to schedule an appointment to discuss your legal options.
Consumers need to educate themselves regarding the concept of age-appropriate toys and products before purchasing items for their children or allowing a child’s access to such items. The following guidelines are among those to which parents should adhere:
- For children aged1-12 months, rattles, toys that make noise, picture books, soft toys and balls, books, and stuffed animals are generally age-appropriate
- For children aged 1-2 years, large balls, coloring books, dolls, picture books, and blocks may be appropriate
- For children aged 3-5 years, picture books, stuffed toys, puzzles, arts and crafts, construction toys, cards, and roller skates may be appropriate
As a child grows, the risks associated with toys containing small parts decreases, because older children may know not to put such items into their mouths. Older children also posses a greater ability to prevent themselves from choking on small items they have put into their mouths.
The Dangers of Improper Labeling
When a company or manufacturer fails to properly label its products, users of these products may be put at risk of injury. Inadequate labeling of children’s toy and products can result in serious injury or death.
Legal Liability for Inadequate Labeling of Children’s Toys
Federal law requires manufacturers to follow specific labeling requirements with respect to children’s toys. Title 15 of the U.S. Code § 1278 requires certain labeling for certain categories of toys or games intended for children who fall within a certain age range, for example, and prescribes similar requirements for advertisers and retailers of such products. If a child is injured as a result of a manufacturer’s, advertiser, or retailer’s violation of these requirements, the party may be held liable in a product-liability action for the damages incurred. The Consumer Product Safety Commission (CPSC) has also issued rules for advertisements of children’s toys and recalls toys that pose a danger to children as a result of improper or inadequate labeling.
Though products, including children’s toys, may be defective in manufacture or design, they may also be defective as a result of a manufacturer’s failure to provide adequate warnings regarding product dangers or instructions for their safe assembly or use. When a child’s toy has resulted in injury to a child as a result of inadequate labeling regarding the appropriate age group for the toy’s use, a product-liability action may be brought under a failure-to-warn theory.
Under the Restatement (Second) of Torts, section 402A, which is followed by many jurisdictions with respect to strict-liability actions, the law presumes that a plaintiff would not have purchased and/or used a product if the appropriate warnings and instructions regarding its dangers and safe use had been provided.
If your child has been injured as a result of the improper or inadequate labeling of an age-inappropriate toy, contact child age-inappropriate-toy lawyer Jeffrey Killino today at 877-875-2927 for compassionate and experienced legal assistance.