The holiday season is approaching quickly, and that means you will soon have many more toys around your house. As a parent, be vigilant about the toys that enter your home to ensure that they are safe for your children. A toy can malfunction, it can contain toxic or tiny parts that pose poisoning and choking hazards, or it can simply be a poorly designed item or one that was not marketed appropriately. In any of these situations, your child can be injured or even killed by a toy. If your child is injured, you have the right to pursue compensation for his or her personal injury damages through a product liability claim.
Injury Risks Toys Pose to Children
There are a variety of ways a toy can injure a child. A few examples include:
- An electronic toy or one that has another type of heating element, like a toy oven, can overheat and burn a child. Similarly, these kinds of toys can potentially set fires;
- Electrical injuries. Electric toys can also potentially shock children if they malfunction or have defective designs;
- Toys with sharp edges and those that can shatter can cut and seriously injure children;
- Toys with small parts or easily breakable parts can pose a choking hazard, particularly to young children;
- Blunt trauma. Projectile toys can cause children to suffer bruises and more serious injuries; and
- Injuries related to bicycles and other foot-propelled toys.
Types of Defects that Render Toys Dangerous
There are three ways in which a toy may be dangerous:
- It has a faulty design. These are toys that are inherently dangerous due to poor design;
- Faulty manufacturing. These toys were designed correctly, but an error in their manufacturing makes them dangerous; and
- Poor marketing. Sometimes, toys have safety risks that can not be mitigated, like the risk of falling off a scooter and suffering an injury. These toys must come with conspicuous safety warnings and instructions; when they do not, their manufacturers or retailers may be liable for injured victims’ damages.
Protect Your Children From Defective Toys This Holiday Season
Familiarize yourself with the specific hazards associated with the toys your children are getting for the holidays. You can also protect them from potential injuries by staying informed about the latest consumer recalls and having any recalled toys or other children’s products repaired or replaced immediately.
If your child is injured by a faulty or defective toy, keep the toy and gather as much evidence as you can to demonstrate how the toy caused the injury. This can include photographs and copies of your child’s medical bills. Then, work with an experienced Long Island personal injury lawyer to pursue compensation for your child’s medical expenses and other damages.
Injured by a Toy? A Long Island Personal Injury Attorney can Help
If you or your child have been injured by a defective toy or another consumer product, you could be entitled to recover monetary compensation for your related damages through a product liability claim. To learn more about this process and your rights as an injured victim, contact our team of Long Island product liability lawyers at Cohen & Jaffe, L.L.P. today to schedule your free legal consultation in our office.