We expect children’s toys to be safe, fun and age-appropriate—but not all toys meet these standards. Each year, children suffer injuries due to defective or dangerous toys. These accidents can range from minor scrapes to severe injuries requiring medical intervention. If your child has been hurt by a toy, you might wonder: can you hold the manufacturer accountable? Here’s what you need to know.
Common toy-related injuries
Toy-related injuries can take many forms, including:
- Choking hazards: Small parts, particularly in toys intended for young children, can pose severe choking risks if they come loose or break off.
- Toxic chemicals: Some toys, especially those manufactured with substandard materials, may contain harmful substances like lead paint.
- Sharp edges or loose parts: Toys with sharp edges or easily detachable parts can cause cuts, bruises or even internal injuries if swallowed.
- Electric and fire hazards: Battery-operated toys and electronic devices may short-circuit, overheat or catch fire.
- Fall hazards: Larger toys or ride-ons that are unstable or poorly designed can cause falls. Falls can lead to broken bones or concussions.
What makes a toy dangerous or defective?
A toy can be considered dangerous or defective if it fails to meet certain safety standards, has poor design or lacks appropriate warning labels. Legally speaking, this includes:
- Design defects: The toy’s design itself is inherently unsafe. For example, a ride-on toy that easily tips over would fall into this category.
- Manufacturing defects: A defect in the manufacturing process. This might include weak or brittle plastic, which makes the toy prone to breaking and causing injury.
- Failure to warn: If a toy manufacturer doesn’t include proper age recommendations, usage warnings or hazard notices, they may be liable if an injury occurs.
Recovering compensation for injuries
In many cases, parents or guardians can sue manufacturers, distributors, or retailers if a child suffers an injury due to a dangerous toy. These cases generally fall under products liability law, which holds companies accountable for releasing defective or dangerous products.
However, products liability cases can be complex and require clear evidence.
First and foremost, get medical care for your child’s injuries. Medical records will be essential in documenting the harm caused. Document the injury and any details surrounding the incident, including how the injury occurred, where it happened and any immediate effects.
Do not throw the toy away, as it will serve as evidence in your case. Keep the toy in the condition it was in at the time of the injury, and keep any packaging or instructions as well. Finally, call the Law Offices of Tim Misny as soon as possible so we can review your claim.
Consult an Ohio accident attorney today
The Law Offices of Tim Misny can help you with your toy-related injury claim. If you or a loved one were injured due to someone else’s negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 944-4373 so that I can evaluate your case right away.
