blog home Product Liability This Season’s Dangerous Toys (and Product Liability)

This Season’s Dangerous Toys (and Product Liability)

By Breyer Law Offices on December 6, 2018

‘Tis the season for children to excitedly unwrap all their new toys and get to work playing with them. Unfortunately, it’s not always happy memories these toys bring. Many toys, regardless of whether or not they have been recalled, can pose certain risks to the children who play with them.

When those risks are realized, a child can become seriously hurt. Parents need to understand that they may be able to file a product liability claim against the manufacturer or seller of the unsafe toy in Arizona!

The 10 Worst Toys of 2018

During this time of year, many organizations release lists of recalled or risky toys. The World Against Toys Causing Harm (WATCH) releases an annual list of the 10 Worst Toys come Christmastime. The toys included for the 2018 holiday season are:

  1. Nickelodeon Nella Princess Knight Pillow Pets Sleeptime Lights. This toy that projects images onto a dark ceiling has removable accessories that could pose a choking hazard. It also requires batteries, which could leak into a sleeping child’s bed.
  2. Nerf Vortex VTX Praxis Blaster. Children may enjoy watching plastic discs fly out of this play rifle, but those discs could potentially hit someone in the face, causing injury to the eyes and other sensitive areas.
  3. Power Rangers Super Ninja Steel Superstar Blade. While the blade of this toy never leaves its casing, it does pop out thanks to a spring-loaded mechanism within. When used too closely to someone, it can cause injuries anywhere on the body it happens to hit.
  4. Marvel Black Panther Slash Claw. Kids love pretending they’re their favorite superhero, which may be why this Black Panther toy is so popular. But the claws on this toy can seem very real if they happen to cause eye and facial injuries.
  5. Cabbage Patch Kids Dance Time Doll. This cute doll’s trademark headband and tutu make it such a draw for kids. That headband can be removed, though, and a child may choke on it if she puts it in her mouth.
  6. Nici Wonderland Doll. Like the Cabbage Patch Kid above, this doll comes with a small cat that can be removed and could cause a child to choke.
  7. Zoo Jamz Xylophone. While it may be beneficial to expose young children to music, this toy comes with a drumstick that could pose a suffocation hazard if the child places it in his mouth.
  8. Stomp Rocket Ultra Rocket. This plastic rocket may be fun to watch as it soars 200 feet in the air after being inflated and stomped on, but when it returns to Earth, it will do so with great force, possibly causing eye and face injuries.
  9. Cutting Fruit Kit. It’s fairly self-explanatory why this set makes the list. It includes magnetic fruit and a dull knife to cut them, which can cause blunt trauma and puncture wounds.
  10. Chien A Promener Pull-Along Dog. While this toy may look and feel nostalgic, the string used to pull the dog along can still be considered a strangulation risk.

Not surprisingly, the Toy Association argued against this list, saying that WATCH does not test the toys and instead attempts to scare parents.

Recent Child Product Recalls

While many toys pose certain dangers to children, they’re not necessarily recalled or taken off the market. Safe Kids lists monthly recalls intended to inform parents. Below is a list of the products included in their latest 2018 update:

  • I Play Infant Rattles. While these are fun and colorful, the rattle pieces can become detached and pose a choking hazard.
  • Cat & Jack Furry Critter Slap Bracelets. The sharp edges can pierce through the fabric and cause cuts and scrapes.
  • INNOCHEER musical instruments. These do not meet required federal guidelines pertaining to lead content.

The Husband and Wife Law Team encourages parents to regularly check recall sites like this, particularly when buying children’s toys.

Other Hazards Toys Pose

Many of the common hazards associated with toys have already been mentioned, but they are not the only risks children face. Cords can not only cause strangulation, but entanglement. Cords can become wrapped around a child’s leg or arm and cut off blood flow to that part of their body.

Toys that have blades such as small fans, or propellers on drones, can also cause serious injuries. Hands can be caught in the blade if the child tries to catch the toy, or is just curious about the mechanism. Blades can also cause cuts to the face and other parts of the body.

Slip-and-falls may not be associated with toys, but they happen more often than parents might think. Children can easily fall off sleds traveling at high speeds, or they can slip off hoverboards and suffer broken bones or sprains.

If a child is harmed by a product, it’s good to know that there is something parents can do to get justice.

Filing a Product Liability Claim in Phoenix

In Arizona, product liability law states that all manufacturers must ensure the products offered to consumers are safe to use. When someone is injured by a product, the victim or family may be able to prove that the manufacturer was negligent. This is particularly true if the product was being used in the way it was intended, and if the manufacturer failed to warn about risks associated with the product. Sellers may also be responsible if the product was not handled properly while in their care. For example, if staff didn’t handle a box properly, and that caused the product inside to break and expose sharp edges, the seller may be partly responsible for causing injury.

Determining negligence in a product liability claim is not easy, and facing big corporations and their team of lawyers is always difficult. If your child was injured by a dangerous or defective toy, please call The Husband and Wife Law Team. We have Phoenix unsafe toy attorneys standing by, and we’ll work with your family to help you get the compensation you deserve. Call (602) 267-1280 for a free consultation.

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