Toy Injuries and Product Liability
Toys are supposed to be fun to use while providing education and enjoyment for the children who use them, unfortunately this is not always the case. Each year thousands of children are taken to the emergency room due to toy related injuries. According to the U.S. Consumer Product Safety Commission (CPSC), there were an estimated 254,200 toy related injuries treated in U.S. hospital emergency departments in 2015. From this number, approximately 73% of the injuries happened to children younger than 15 years of age, around 69% occurred to children 12 years of age or younger and an estimated 35% happened to children younger than 5 years of age. These injuries were toy related injuries and not necessarily caused by the toy itself.
During the holiday season many children will be receiving toys as gifts and many of these toys will be labeled with age-appropriate guidelines. Although the toys may be age appropriate for your child, when caring for young children, adult supervision is always a must. Young children need to learn how to use new toys properly and without guidance and supervision, injuries may occur.
Product Defects and Product Liability
Although there are many injuries young children may be at risk of sustaining from toys which are a result from improper use or poor supervision, not all toy-related injuries are solely due to these reasons alone. There are cases where the toy manufacturing company has sold toys which have flaws or defective parts. Defective toys or products are the cause of thousands of injuries each year and the U.S. Product Liability Law is in place to protect an injured person. Product defects can fall under three different categories which are:
- Manufacturing Defects – Defects which are caused by assembly error.
- Design Defects – Defects due to an error in the original designing of the product.
- Marketing Defects – Defects or flaws in the marketing of the product (safety warning, insufficient directions).
Product Liability Attorney
If your child has been involved in a toy-related injury due to a defective product, it is important to seek advice from attorneys experienced with personal injury and product liability cases. Product liability laws differ from ordinary injury laws and there are many factors involved in cases of toy-related injuries. The attorneys at Goldstein, Buckley, Cechman, Rice and Purtz are very experienced in personal injury cases and we are here to represent you. Call us today for a consultation.