Tennessee Product Liability Law: Unsafe Toys
In the eyes of a child, there’s nothing quite as special as getting a brand new toy. However, parents and families with small children need to be particularly mindful of which toys are given to them, especially once they consider recent studies which found that every three minutes, a child is hospitalized because of a toy-related injury in the US.
At InjuryTN, our personal injury lawyers in Nashville and the surrounding counties understand that toys can pose a number of different threats to young children. The fact of the matter is that all products being manufactured for young children needs to surpass the highest of safety standards. In cases where an issue with a toy’s defective design or manufacture are found to be the cause of a child’s serious injury or even fatality, parents might have a strong case for initiating a product liability claim.
Common Causes of Toy-Related Injuries
The following are among the most commonly occurring accidents resulting in a child being injured by a toy or play product:
- Balloon accidents which result in asphyxiation, choking, aspiration, and airway obstruction
- Lead paint which has the potential to result in lifelong illnesses
- Marbles which pose a choking hazard
- Plastic toy foods which may be inadvertently consumed and could cause asphyxia or choking
- Rubber bouncy balls
- Sharp edges on toys which could cause cuts and lacerations
- Small pieces on which a child could choke
- Stuffed toys which could cause asphyxia, choking, drowning, and suffocation
- Tricycle accidents which could result in broken bones, sprains, and concussions
The previously mentioned study from the Center for Injury Research and Policy, which had evaluated statistics on consumer product-related injuries provided by the National Electronic Injury Surveillance Service. When examining data from a span of around 10 years, researchers discovered that injuries attributed at least in part to accidents involving toys had increased nearly 40%. The majority of these cases had been attributed to the increasingly popular use of kick scooters, which had been found to cause a severe injury in the US every 10 minutes.
However, toys with defective parts, manufacture, or design were more of a primary concern. Within the span of a single year, research had indicated nearly 30 million units of over a hundred varying kinds of children’s toys had been recalled in the United States.
Talk to a Product Liability Expert Today
If your child or someone you know has a child who has been injured or suffered fatal injury because of a defective or unsafe toy, you should immediately seek out legal representation to protect your child’s rights and obtain just compensation.
Most Common Types of Injuries Caused by Unsafe Toys
Meanwhile, the Consumer Product Safety Commission (CPSC) published a recent report which indicated that an average of 9 child fatalities were reported every year in the US, ranging in age from 8 months to 11 years. Of these, 6 had died from choking on small parts, 1 from choking on a balloon, and 2 from a scooter and a powered wheel-riding toy accident. Additionally, another estimated 250,000 had been hospitalized because of toy-related accidents throughout the US that very same year. These injuries included some of the following:
- Arm Injuries
- Head/Face Injuries
- Internal Injuries
- Puncture Injuries
- Strains & Sprains
- Upper Leg Injuries
Not every injury caused by the use of a toy will necessarily indicate that the toy itself was defective, but it is still worthy of exploring the possibility, especially in cases where an injury is serious or resulted in a fatality.
Industry Standards for Toy Manufacturers
New standards were established by the American Society for Testing and Materials in June of 2012, as per the ASTM F963-11, which describes Standard Consumer Safety Specifications for Toy Safety. Nearly every toy which has been designed for primary use by children under the age of 12 is subject to third-party testing, and the majority of manufacturers, independent labelers and importers will be required to issue a children’s product certificate, which verifies in written form that the product complies with all set industry standards. Testing which is conducted on varying child toy products may include some of the following:
Further specifications on regulations for child toy products have been set by the Consumer Product Safety Commission (CPSC). Although it is necessary for parents and guardians to make themselves aware of all products purchased for their children as well as any product recalls which may affect those products, manufacturers bear the majority of responsibility for making sure children are safe when using their products. The following are just a few recommendations from prominent safety advocates in the field:
- Recall advertisements shared through social media
- Reconsidering product designs as well as internal safety standards by way of exceeding the minimum federal safety standards
- Marketing children’s play toy products with sizable, choke-resistant components
- Including helmets in the packaging of scooters or riding toys
Contact Nashville Product Liability Lawyers
If your child has been injured in Middle Tennessee because of an unsafe toy or other defective children’s product, get in touch with InjuryTN for a free and confidential case evaluation to discuss how we can protect your rights. There are no costs or fees until we win your case, so you can contact us and schedule you free initial consultation with an experienced product liability attorney with no obligation. Call our office by phone at (615) 640-HURT or submit an online contact form to speak with an attorney today.