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Has Your Child Been Injured by a Toy or Another Children’s Product?

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Monterey County personal injury attorneyWhen a parent gives their child a new toy, they are subconsciously putting their trust in the manufacturer and retailer of that toy. Consumers usually assume that toys meant for children are safe, but unfortunately, injuries and deaths due to defective or malfunctioning children’s products happen every year. Here is what you need to know if your child has been killed or injured while using a defective product.

Federal Law Regarding Unsafe Children’s Toys

The Consumer Product Safety Improvement Act was generated in order to prevent as many injuries from defective products as possible. The Act gave the Consumer Product Safety Commission (CPSC) more funding and required stricter regulations for manufacturers regarding product’s allowable lead content. The Act also imposed rules specifically for child products like cribs, pacifiers, baby bouncers, walkers, and toys. Manufacturers who violate safety standards for products meant for children are subject to serious legal penalties and lawsuits.

Categories of Toy Defects

Product flaws which can cause injury to children usually fall into one of three categories:

  • Design Defects: Problems with how a product was designed or the elements contained within a product are considered design defects. A faulty design affects all the products within the line;  
  • Manufacturing Defects: Flaws which occur during the actual manufacturing process are considered manufacturing defects. These could include incorrect materials being used or lack of oversight by quality control; or
  • Warning Defects: You have probably seen warning labels on children’s products. Warning defects occur when a product fails to appropriately warn consumers of possible dangers resulting from using the product.

Ways Children’s Toys or Other Items Can Be Dangerous

Tragically, children have died due to playing with defective toys or using flawed products. The most common types of defects that are potentially hazardous to children include:

  • Suffocation Hazards: Some products contain parts which can become stuck over a child’s mouth. Items like baby slings, soft toys, blankets, clothing, and cribs contain materials that can become suffocation hazards to small children and infants;
  • Choking Hazards: If you have a young child, you know that they love to put things in their mouth. In the past, children’s products have been recalled because they contained pieces which can become lodged in a child’s throat; or
  • Falling Hazards: Children’s furniture such as high chairs, cribs, changing tables, and bedside sleepers can represent a falling risk if they are defective. 

Holding Negligent Retailers and Manufacturers Accountable

A product liability claim allows consumers to seek compensation for injuries resulting from defective products. To discuss your case with an experienced San Jose product defect attorney, call Corsiglia McMahon & Allard, L.L.P. at 408-298-7200 today.

 

Sources:

https://www.consumerreports.org/cro/2012/05/13-dangerous-baby-products-to-avoid/index.htm

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1714.45.&highlight=true&keyword=product%20liability

 

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Corsiglia McMahon & Allard, L.L.P.

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Pacific Grove, CA 93950

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