When parents are shopping for Christmas toys for their children, they often think of fun first. But it is important for parents to also consider the safety of the toys they purchase; sometimes, toys can be deadly.
The Consumer Product Safety Commission (CPSC) reported 11 toy-related deaths in 2015 for children who were under the age of 15. Ten of those victims were under the age of 12. The CPSC also reported that 254,200 toy-related injuries were treated in emergency rooms across the U.S. in 2015.
To reduce the number of toy-related injuries and deaths, the consumer safety organization World Against Toys Causing Harm (W.A.T.C.H.) releases a yearly list that details the toys they deem as the most dangerous of the year. Below are the toys they say should be avoided for 2017.
Hallmark “Itty Bittys” Baby Stacking Toy
This toy has four rings that rattle, and it lacks any warnings or age recommendations. This is a major red flag, according to W.A.T.C.H. Also, the toy is still available online even though it was hit with a recall by the CPSC in 2017. The agency determined that the fabric bows and hats can come off and become a choking hazard.
Pull Along Pony
This pull toy receives negative marks because the cord is 19 inches long. The toy industry standard mandates that strings in crib and playpen toys are to be 12 inches or shorter. Anything that is longer could potentially strangle a child.
Wonder Woman Battle-Action Sword
W.A.T.C.H. gave this toy bad marks because the toy encourages children to fight. It also did not like the fact that the rigid plastic in the sword could cause serious facial injuries.
Hand Fidgetz Spinners
This popular toy has warnings that say it is only a ‘novelty gift item’ and is not supposed to be used as a toy. But spinners are still commonly sold in toy stores and are still very popular with children of various ages. W.A.T.C.H. warns that the toy can be a choking hazard as it has removable small parts.
Jetts Heel Wheels
W.A.T.C.H. was concerned about the sparking action of these roller skate shoes that could potentially burn small children. The toy also features a warning that using the heel wheels can be dangerous and could cause death or injury.
How To Know You Have a Personal Injury Case
If your child is injured by a toy, you may have a personal injury or product liability case, depending upon the circumstances. If the child has been injured due to the negligence of the toy manufacturer, you may be entitled to damages, such as pain and suffering and medical costs. But how do you know if you can hold the toy company liable? Basically, if negligence, strict liability or breach of warranty can be shown, you may have a case.
For negligence, you must show that the company did not exercise reasonable care or that the toy was not labeled properly. For breach of warranty, your personal injury attorney would attempt to prove that the company breached an implied or expressed warranty. And for strict liability, the victim needs to show that the toy was defective; the defect was there before the product was released to the public; and the defect caused the child’s injuries.
How We Can Help
If you purchase a toy that causes death or serious injury to your child, Guajardo & Marks may be able to help. We are a product defect and personal injury law firm in Dallas, TX. Our attorneys will review your toy injury or product defect case at no cost to you. Please call 972-774-9800. You also can complete our online contact form for a free consultation.