child with a holiday toy

‘Tis the season for giving, even (or perhaps especially) during the coronavirus pandemic when we are trying to eke out as much joy from a grim reality as we can. The last thing anybody wants is to have a gesture of love and generosity backfire, causing harm to a beloved child. Here are some risks to consider before you purchase your gifts.

Toys can be hazardous in more ways than you may be aware of. They need not explode or be sharp to cause serious injuries. Some toys are only dangerous if used by a child too young to use them correctly. While parents are expected to be cautious, toy companies are legally required to provide warnings where necessary. If your child has suffered a serious injury while playing with a toy, you have legal recourse. Contacting Levin & Malkin, New Jersey’s premium product liability law team will give you the best chance of winning the settlement you deserve.

Depending on the Age of Your Child and the Type of Toy, Beware of the Following:

Choking on, inhaling, or ingesting small objects

Small toys and toys with tiny detachable parts, such as beads, are a no-no for babies and young children who are much more likely to put things in their mouths (and noses and ears) than the rest of us. Too many children have choked, ingested, or inhaled sharp or toxic substances, resulting in severe harm, surgery, or even death.

Being hit with projectiles, especially in the face or eyes

Even if you avoid giving older children anything that may be construed as a weapon, such as a BB gun or paintball gun, toys with rubber or foam projectiles can do a surprising amount of damage, particularly when they make forceful contact at close range. Whether pushed by a spring, a stretched rubber band, or airpower, even lightweight projectiles can cause serious injury.

Having accidents involving toys that speed

We all know that motorized “toys,” like dirt bikes and motorized skateboards can easily become dangerous. Sometimes, however, we forget that anything involving speed and the ability to steer and stop, such as ordinary skateboards, scooters, and sleds, may result in severe injuries. The risk is increased exponentially if the product is defective.

Being accidentally strangled

A great many toys have loops, cords, or tails of fabric that can quickly wind around a child’s limb or neck, cutting off circulation or breathing. In seconds oxygen can be cut off, resulting in brain damage or death in only minutes.

Being cut, punctured, or burned

It is important to remember that sharp or pointed toys, or toys that generate high temperatures, are capable of causing grave injuries. Each year, thousands of children suffer lacerations, puncture wounds, or burns that require stitches, plastic surgery, or skin grafts as a result of playing with a dangerous toy.

These are only some of the ways holiday toys can turn small celebrations into catastrophes. Being cautious about which toys you give to the children you love will only take you so far. If you are sold a defective toy and your child suffers a serious injury, you need the services of an experienced product liability attorney to help you file a lawsuit to hold those responsible accountable for damages to cover medical costs, physical pain, emotional anguish, and/or permanent disability. If you have tragically lost your child due to a major defect in a toy, Levin & Malkin will fight tirelessly to seek justice for you and your family.

How an Aggressive Product Liability Lawyer Will Fight for You and Your Child

Product liability cases work on the premise of strict liability, meaning that the defect in the toy that hurt your child is worth damages even if the responsible party took precautions to avoid the problem. According to the law, there are three types of product liability:

  • Design defects in which the original design was flawed
  • Manufacturing defects in which the manufacturing process created the defect
  • Marketing defects in which the product did not include essential warnings or instructions in packaging materials

If a defective toy has made your holiday a disaster, don’t hesitate to call our skilled, empathic attorneys. We will take on your cause and make every effort to see to it that you win the compensation you need and deserve. More than that, we will charge you no attorneys’ fees until we win your case.

Posted in: Personal Injury, Product Liability