Last year there seemed to be an epidemic of lead infested toys being imported from China. Defective products are a major cause of injuries among children. In 2006, there were 220,500 toy-related injuries treated in U.S. hospital emergency rooms and 26 toy-related deaths among children under the age of 15. When a children’s product is found to be defective and it causes serious injuries, the manufacturer can be held liable.
Parents do need to be careful when choosing a toy for their child by making sure it is age appropriate and in good condition. However, even if safety precautions are taken, it is impossible to anticipate problems that may arise when a toy is found defective. There are toys recalled almost weekly and some of these items pose significant risks to children, such as choking hazards, risks of burns, suffocation hazards and other dangers. Parents and caregivers can stay updated on the latest recalled toys by signing up to receive emails from the U.S. Consumer Product Safety Commission. It is important to note that many toy-related injuries occur before a product is recalled.
In addition to toys, other children’s products can also pose safety hazards, including cribs, bassinets, clothing and outdoor playgrounds. Recently, a children’s hooded sweatshirt was recalled after the death of a 3-year-old boy. The boy was strangled when the drawstring on his hooded sweatshirt became stuck on a playground set.
There are many factors that can lead to a defective product. Design flaws can make a product dangerous, which means that all of the products coming off the assembly line will contain the same defect. A product that was manufactured improperly can also pose a danger to consumers. If a product is marketed incorrectly or the labeling is incorrect, it can lead to a defective product which may cause serious injuries to children.
If you or your child has been injured by a defective product, you may be entitled to compensation. In New York, a person may go after a manufacturer or seller based on one or more of the following theories - strict liability, negligence, and breach of warranty. Strict liability is the most common type of claim filed.
Contact the New York defective toy attorneys at Rappaport, Glass, Greene & Levine at 866-639-5567 for a free legal consultation. We will advise you on your options and will be able to determine how much your case is worth.
