Most parents probably think that nothing can be more harmless than a child’s crayons. But according to a consumer advocacy group, a popular type of crayons actually contains dangerous levels of asbestos. That group is calling upon major retailers such as Amazon.com and Dollar Tree to pull the dangerous items from their stocks.
The US Public Interest Research Group Education Fund is claiming that Playskool crayons have tested positive for asbestos. Asbestos is a highly toxic substance that can lead to mesothelioma, lung cancer and other serious diseases if it is digested or inhaled. The group did a test on the company’s 36-pack of crayons that it bought from a Dollar Tree in Chicago. It noted that the same product is being sold on Amazon, eBay and DollarDays.com.
The group noted that there is no reason crayons should contain asbestos, and it is very dangerous to expose children to such a dangerous carcinogen.
A spokesperson for Playskool’s parent company, Hasbro, stated that it is doing a complete investigation about the asbestos claims. Dollar Tree executives have responded by saying that no crayons that it sells contain asbestos. Amazon, eBay and DollarDays.com have not provided any comment at this time.
The recent finds come three years after a study by the Environmental Working Group Action Fund determined that four types of crayons made in China had toxic asbestos fibers in them. Major retailers, including Amazon, Toys R Us, Party City and Dollar Tree, ceased selling the items as a result. The affected crayon brands were Saban’s Power Rangers Super Megaforce Crayons; Disney Mickey Mouse Clubhouse Crayons; Nickelodeon’s Teenage Mutant Ninja Turtles Crayons; and Amscan Crayons.
Product Liability Legal Theories
In a situation where crayons contain asbestos, product liability laws could come into play if the child is injured. The family of the child could be entitled to damages if it can be proven that the company is liable for the harm that was caused. If a child suffers an injury from a defective product, there are three legal theories that can be used in a product liability lawsuit:
- Negligence: Requires proving that the manufacturer, seller or supplier owed the consumer a duty of reasonable care and the defendant breached this duty of care, which led to harm.
- Strict product liability: A legal doctrine that states that an injured product user can sue and recover damages and does not need to prove negligence. So, an injury-causing defect would be enough evidence of the liability of the company, without proving fault. This doctrine is common in cases of manufacturing defects, design defects and marketing defects.
- Breach of warranty: Assertion that the product will meet quality, safety and performance standards.
Has Your Child Been Hurt by a Defective Product? Talk to a Product Liability Attorney Now.
If your child has been injured by a defective product, you should talk to a product liability attorney right away. Guajardo & Marks can help you to obtain compensation for your child’s injuries and pain and suffering. The statute of limitations in Texas for this type of claim is only two years from the date of injury, so please act now by calling us for a no-obligation consultation.