Did Your Child Receive a Dangerous or Recalled Toy for a Holiday Gift?
January 23, 2019

Every year, new fads and popular kids’ toys end up causing severe injuries. When product manufacturers learn of a dangerous or defective product, they have a responsibility to address the issue and assume responsibility for any injuries to consumers who purchased those products and used them as intended. If your child received a dangerous, defective, or recalled toy over the holidays, you may want to consider talking to a product liability lawyer and pursuing legal action if the toy caused any injuries or damages.

Recalled Toys in 2018

Toy recalls can include toys and games for kids of all ages. The Toy Association tracks and reports all recall-related information for toys in the U.S. You can visit their website to check the list of latest recalled toys. It is a good idea to check consumer reviews for all the toys your children received as gifts over the holidays to identify any possible issues before they arise.

• Choking hazards. Most toys for infants, toddlers, and kids under five include considerations to prevent choking. Manufacturers usually include warnings with toys for older children that they contain small parts or present other hazards to younger children. Be alert for infant and toddler toys that may include small pieces or break into small pieces and create a choking hazard.
• Strangulation hazards. Some toys like pull-toy horses and cars, sensory toys with strings, or drawing toys with attached writing instruments could all potentially become strangulation hazards. Always check the age recommendations and safety warnings for any toy that includes wires, strings, cords, or ropes.
• Electrocution and burn hazards. Many modern toys are battery-powered, drawing their power from rechargeable lithium-ion batteries. Many recent trendy toys like hover-boards included faulty lithium ion batteries that may cause electrocutions or burn injuries from explosions.

What to Do With a Recalled Toy

If you check your children’s holiday gifts and discover a recalled toy, your first step should be to contact the manufacturer or check the manufacturer’s published recall information. The manufacturer may issue a replacement with a functional version of the same product, an improved version that does not include a defect, a repair for the affected item, or a refund for the purchase price of the item. Unless you must send the recalled toy back to the manufacturer, keep it out of reach of your children until you know it is safe to dispose of.

If a recalled toy caused injury to your child, remove it from your child’s access but do not throw it away as it will be valuable physical evidence should you decide to pursue a product liability claim. Before you decide to pursue legal action, you first need to deduce the party responsible for your damages.

Determining Liability for a Defective or Recalled Toy Injury

Liability for a defective product injury does not automatically fall entirely on the manufacturer; it is possible for one or more entities involved in the distribution chain of a defective product to absorb liability for a defective product injury. Anyone whose child suffered an injury from a holiday gift should seek medical care first and then determine the cause of the injury once the child stabilizes or receives appropriate care. A child injury attorney can help a parent in this position determine if the product was defective and where liability for the resulting damages should fall.

A product liability claim could yield compensation for medical expenses and other damages resulting from a defective or recalled toy injury. The plaintiff’s attorney does not necessarily need to prove negligence to succeed with a product liability claim, only that the product in question is defective and the sole cause of the plaintiff’s injuries. If you or a family member suffered any type of injury from a defective or recalled toy, speak with a product liability attorney as soon as possible.