Defective Product Risks for Children this Holiday Season

On November 20, 2012, Action News 5 in Memphis published an article called Survey finds dangerous toys on store shelves. The article discusses the release of the 27th annual survey performed by the U.S. Public Interest Research Group — dubbed the “Trouble in Toyland” survey.

Parents reading this article and other warnings over the holiday season have cause for concern. Potentially dangerous toys are everywhere on shelves in stores throughout the United States, and the holiday season is a time when many of these toys are bought as gifts and make their way into our homes. Kids are especially vulnerable to being seriously injured as a result of a defective toy or other child’s product.

To help parents keep their children safe from dangerous toys this holiday season, our injury attorneys in Knoxville urge parents to learn all they can about toy recalls and to keep up-to-date about any new recalls that occur. The Consumer Product Safety Commission (CPSC) page on Recalls and Product Safety News is a good starting point for parents. Parents should also consider the information below to help protect their kids from dangerous toys.

Toy Dangers and Risks Over the Holiday Season

Although there are strict toy safety standards in place, a number of potential problems may exist in toys purchased for kids over the holidays. According to the Memphis Action News 5 summary of the Trouble in Toyland survey, some of the risks presented by toys on the shelves this year include:

• Toys with magnets that could easily be swallowed.
• Toys with small parts that could be swallowed, which are lacking in adequate choke hazard warnings to ensure the toys aren’t purchased for kids under three.
• Toys that violate safety regulations.

These are just some of the potential problems identified by the U.S. Public Interest Research Group, whose full report can be found here. The hazards were identified by researchers who spent several months visiting stores throughout the United States and checking for potentially dangerous products.

Toy Recalls on the Decline, Injuries on the Rise

Although risky toys were found by the U.S. Public Interest Research Group, Memphis Action News 5 reported that lead and other toxins were not as much of a concern in toys this year as a result of a tougher product safety law passed in 2008. The new law imposed stricter limits on the amount of lead and other chemicals that could be present in children’s toys.

A November 2010 report from the U.S. Consumer Product Safety Commission (CPSC) also indicated that tougher safety laws had started to reduce the number of fatalities associated with toys as well as the number of toys recalled each year. According to CPSC’s report, the number of recalls dropped from 172 in 2008 to 50 in 2009 to 44 in 2010. The number of deaths caused by toys was also lower, with 12 kids under age 15 dying in 2009 as compared with 24 toy-related deaths for kids in the same age group in 2007 and 2008.

CPSC did indicate that the number of injuries was increasing, however, even as deaths and recalls dropped. This increase did not necessarily mean toys were more dangerous though, as CPSC indicated that many of the visits to the ER were for mild injuries such as cuts and were not specifically caused by the toy but instead were associated with the toy.

Cutting the Risk of Injury For Your Kids While CPSC indicated in 2010 that things were looking up for toy safety, the fact is that there is still risk. As such, parents should be vigilant about monitoring the toys that children receive, checking to see if any of those toys have been recalled, and supervising play when any new or potentially dangerous toys are being used.

These steps can be helpful in cutting the risk of injury, but ultimately the best and only way to keep children safe from defective toys is for manufacturers to be held accountable. Manufacturers are in the best position to ensure a toy is safe, and they are held to a high standard of accountability under the law. In fact, injured victims who are harmed by a toy, or the family members of victims, can file a civil lawsuit against the manufacturer to recover damages. If you can show that the toy was used as the manufacturer directed and intended and if the toy caused injury, then the toy manufacturer, distributor or seller can all be held liable.

If you are involved in an injury accident in Knoxville, contact Hartsoe Law Firm, P.C. for a confidential consultation to discuss your rights at (865) 804-1011. Holiday Shopping & Knoxville Premises Liability Claims, Published by Hartsoe Law Firm, November 23, 2012

Holidays a Dangerous time for Fall Accidents in Tennessee, Published by Hartsoe Law November 23, 2012