How to Keep Your Child Safe: Defective Toys & Product Liability

It is every parent’s worst nightmare. A small part of a toy purchased or gifted to his or her child that appeared safe dislodges and is ingested, causing a catastrophic choking incident or death. A parent should be able to rely on toy manufacturers to painstakingly and arduously test and retest their toy products to be certain that no part – large or small – presents a danger to children.

Today, most manufacturers do follow strict guidelines and label new toys appropriately, but there are instances when their practices fail to result in the production of the safest toys. Just last month, Target recalled more than 560,000 Easter egg and dinosaur toys due to a serious ingestion hazard.

There are a number of actions that parents can take to prevent an unsafe toy from injuring his or her child. Below is just a brief checklist.

  • Since most new toys are subject to stricter guidelines, parents should avoid older generation toys. These toys may sometimes be bought cheaper, but they do not meet current safety standards.
  • Be wary of toys that use “coin cell” or “button” batteries. These batteries are the shape of a coin and if ingested/digested, can cause severe injury to a child’s digestive tract.
  • Be wary of toys with small magnetic parts. These parts, if ingested/digested, can also cause severe injury to a child’s digestive tract.
  • Any artistic materials should be nontoxic. On the box, there should be a statement that the item has been evaluated by the American Society for Testing and Materials.
  • Make sure that any plastic toy is not easily breakable, as small sharp plastic is particularly dangerous to a child’s small digestive tract if ingested/digested.
  • Avoid marbles, coins, balls, and games with balls that are 1.75 inches (4.4 centimeters) or less in diameter because they can become lodged in the throat above the windpipe and restrict breathing.
  • Periodically check the U.S. Consumer Product Safety Commission’s list of “Toy Alerts”:

With proper parental attention and toy manufacturers’ adherence to current safety guidelines, toy injuries have become more and more rare. However, if your child was injured and you believe that it was caused by a defectively manufactured or designed toy, there is recourse: a product liability claim. Product liability is the theory under which designers, manufacturers and sellers of products can be held liable for damages after consumers are injured by defective products. This same legal theory can be applied to toys that are unreasonably dangerous and injure a child. The attorneys at Decof, Decof & Barry have experience in this area of the law and can help the injured and their families to understand how the law may apply to their circumstances.

Video Profile

Decof, Decof & Barry

Schedule a Free Consultation

We work for clients on a contingency fee arrangement, which means you pay no legal fee or costs unless we obtain a verdict or settlement for you.

Firm News and Events
Decof, Decof & Barry Recognized among Best Law Firms by U.S. News – Best Lawyers®
Read More
Attorneys of Rhode Island Law Firm Decof, Decof & Barry Named Super Lawyers & Rising Stars
Read More
Michael P. Quinn, Jr. Wins Record Verdict in Medical Malpractice Case in Rhode Island
Read More
From our Blog
How to File a Premises Liability Claim for an Office Accident

January 9, 2018

With the average working American spending up to 40 or more hours at their place of employment each week, it should come as no surprise that workplace accidents occur frequently. Sometimes accidents are just that, accidents. Other times, those accidents are the result of the negligence of your employer or third parties. In whatever the…

Read More

Holiday Travel: What You Need to Know about Personal Injury Claims

December 26, 2017

Planes, trains, and automobiles. Taxis, Ubers, and Lyfts. North, south, east and west. During the holidays, Americans travel by many different methods in various directions. Unfortunately, problems – big and small – can follow.  From pedestrian collisions at the airport to falls at...

Read More

Can Social Media Impact Your Personal Injury Claim?

November 21, 2017

If you have a personal injury or medical malpractice case (or, if one day you might have one), your social media postings and online activity could unravel even the strongest claim. It is now a frequent occurrence for an injury victim’s posts or social media activity to negatively impact their lawsuit. Nearly every personal injury lawyer…

Read More

Contact form