DEFECTIVE CHILD PRODUCTS & TOYS

Contact the personal injury attorneys of Habush Habush & Rottier today at 800-2-HABUSH (800-242-2874) to speak with a qualified member of our legal team and discuss the details of your situation.

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Legal ServicesInjuries From ProductsChild Care Products

OVERVIEW

Each year, many toys and products designed for children are recalled due to dangerous defects discovered after children have been injured. Over the years, regulations on toys to ensure the safety and well-being of children have been imposed. While this is helpful in decreasing dangerous defects, dangerous products still manage to make their way to store shelves.

POTENTIAL DANGERS OF CHILD PRODUCTS & TOYS

  • Lack of warning labels: Parents and other adults may not be aware that certain toys present risks to children under a particular age if an appropriate warning does not exist on the toy.
  • Lead paint: Each year, toys are recalled because of lead paint dangers. Although banned in the U.S. because of the adverse health effects lead causes, especially in young children, toys imported from other countries may not adhere to these standards.
  • Dangerous chemicals: Some toys are manufactured with toxic chemicals such as phthalates.
  • Sharp edges or pointed ends: Sharp, jagged edges or points, often exposed after a toy is taken apart, can cause cuts, lacerations, puncture wounds, and eye injuries.
  • Heating elements: Electric or battery-powered toys may heat to dangerous levels and cause serious injuries.
  • Choking hazards: Small parts can break from toys and cause young children to choke if they put the parts in their mouths.
  • Suffocation dangers: Certain toys and toy packaging may cause a child to suffocate.
  • Noise dangers: Some toys are simply too loud for young children and can cause hearing loss.

The dangers of toys and other products may not become obvious until after children are injured and the dangers are reported.

CHILDREN’S PRODUCT RECALLS IN THE UNITED STATES

Thousands of deaths and injuries can be traced back to defective and dangerous products every year. Kids in Danger, an advocacy group, reported in 2017:

  • The number of children’s product recalls increased 22% from 2016
  • There were 11,854,605 total units of children’s products recalled
  • Incidents, injuries and deaths declined from 2016 with a total of 1,630 incidents, 153 injuries and zero deaths reported before recalls were issued in 2017
  • Clothing products led recalls with 29% of children’s product recalls. For the second year in a row, no cribs were recalled.
  • Sixty-nine percent of companies with a Facebook page used it to publicize the recall –continuing the upward trend from 2016. The CPSC posted about 75% of recalls on their new Facebook page.
  • With full reports from only eight percent of recalls – and those did not all contain a full year’s worth of data – it is impossible to state how companies are doing in retrieving or repairing recalled products.

Also, according to CPSC.org, there are safer toys in stores that have less lead content. Lead is a health threat to children when they are exposed to it through toys or other children’s products. Children can be exposed to lead-based products by playing with toy collectibles that may have lead content in them when they were manufactured many years ago.

In addition, any toys that have been imported into the U.S. come with a risk to children as well, as the consumer just does not know that the toy has lead content. The United States Consumer Product Safety Commission (CPSC) has the responsibility of issuing toy recalls when it is suspected that children may be at risk for lead exposure. Although progress has been made in the United States, it is wise for the consumer to be as informed as possible.

HOW CAN HABUSH HELP?

If your child has been injured by a product or toy, share your story with one of the dedicated attorneys at Habush Habush & Rottier. We can discuss your legal options and explain the steps required to seek compensation for your child’s injuries. Contact us today at 800-2-HABUSH (800-242-2874) to speak with an experienced legal professional about the details of your situation and learn more about how we can help.

FAQS

There is one main website under which six federal agencies operate to ensure the absolute best service to alert people to recalls. You can find this information on https://www.recalls.gov.

This is a ‘one stop shop’ for U.S. Government recalls. On this website, you can obtain the latest recall information, report a dangerous product, or learn important safety tips. It is also important to note that product recalls do not expire, so remember to check recalls periodically.

If you receive children’s clothing from a friend or family member or buy children’s clothing or toys at a resale shop or yard sale, it is especially important to check for recalls. The U.S. Consumer Product Safety Commission regularly lists their current recalls at https://www.cpsc.gov.

Children’s products are recalled more than twice a week. That means that there are, on average, over 100 children’s products are recalled per year. Therefore, the chances that you have a recalled product are high, which is why it is so important to check with the US Consumer Product Safety Commission (CPSC).;

  • Faulty Latches/Buckles: If a car seat latches or buckles have too much give, or are too difficult to fasten, the child is in danger of serious injuries, ejection, or having difficulty being rescued.
  • Faulty Adjusters: Adjusters are cruicial in keeping car seat straps at the right tightness and position. If they are faulty, straps can become dangerous.
  • Flammable Materials: Low-quality car seat materials can be flammable, placing the child at risk for burn injuries.
  • Weak Frames: If the frame of a car seat is weak, poorly constructed, or broken, the seat will not function properly and can put a child in danger.

You can find other problematic issues with child safety seats by visiting our main FAQs page here. Most children’s products recalls are covered by the US Consumer Product Safety Commission (CPSC), and you can find the recall notice either by searching for it at https://www.cpsc.gov or by calling them. You can also review other consumers’ reports at https://www.saferproducts.gov.

It’s possible that you could have a case if your child has sustained injuries or fallen ill through contact with a toy containing a dangerous substance, such as lead. Through a product liability case, it is possible for manufacturers and designers of children’s products to be held financially responsible for a product of theirs that is unsafe and causes an injury or illness. An experienced attorney can evaluate the specifics of your unique situation and determine if you could be eligible to file a claim.