Defective toys can cause serious or fatal injuries to children, in which case compensation for damages may be available through a product liability claim. Because it can be difficult to figure out who is responsible, and with more than one party liable in some cases, it might be a good idea to seek legal advice from a Colorado injury attorney and file a product liability complaint with the U.S. Consumer Product Safety Commission (CPSC).
Common Injuries Sustained from a Defective Toy
One common type of injury stems from swallowing a small toy that can cause choking or internal damage. The toy may be considered “defective” in this case if it is not properly labeled or is improperly marketed to children at risk of swallowing small toys.
The CPSC requires that warning labels be placed on toys when there is a choking hazard for children under the age of three. This is a requirement for any toy that is designed for children between the ages of three and six.
Failure to include this label could result in the manufacturer being liable for injures. If a toy designed for a child younger than three has small parts that can be removed, it could lead to the filing of a product liability complaint and claim against a liable party like the manufacturer.
Choking isn’t the only risk when it comes to swallowing parts. One of the more recent hazards to come to light are the internal injuries that can be sustained when children swallow magnetic pieces.
When more than one magnet is swallowed, they can attract each other through the intestinal walls. This can cause rips or holes in the intestines, along with blockages. There is also the risk of developing an infection, which can be life-threatening.
A second common type of injury is strangulation. Examples of toys that can cause this type of injury include jewelry (necklaces), baby mobiles and yo-yos. Even toys that are designed in such a way that a young child’s head and neck become stuck could result in strangulation.
If a child’s airway can be cut off, lack of oxygen can result and lead to brain damage or even death.
A third common type of injury from defective toys is suffocation. This often is something seen in baby products, such as mattresses and cribs. But it can also happen with soft toys, such as stuffed animals.
Even the packaging that toys come in could present a suffocation hazard, especially plastic bags. Like strangulation, these types of injuries can make breathing difficult and quickly become life-threatening.
Filing a Claim for a Defective Toy with a Colorado Injury Attorney
According to Safe Kids USA, every year there are about 20 children younger than 15 who lose their lives from an incident involving a toy. In 2009, there were a total of 12 toy-related deaths. But there also were approximately 185,900 children treated for toy-related injuries in emergency departments.
If a defective toy injures a child, it may entitle a parent to file a product liability complaint and claim. Not only does it need to be proven the toy was defective, but also that it resulted in severe or fatal injuries.
A claim could address compensation such as medical expenses, pain and suffering, mental anguish, and more. In Colorado, injury attorney D.J. Banovitz has handled child injury cases stemming from defective products. He may be able to help families who are looking for justice following an injury from a defective toy.
D.J. Banovitz
D.J. Banovitz’ career has always concentrated on trial practice and he has litigated hundreds of cases. His passion and sole career focus has been to seek justice for people suffering from personal injuries as the result of someone else’s negligence. The hallmark of the Law Office of D.J. Banovitz, is the total commitment to professionalism, quality, and personalized care of your injury case. D.J. has dedicated his professional life to helping those most in need and is a proud and active member of the Colorado Trial Lawyers Association. His experience includes volunteering for Colorado Rural Legal Services in Montrose, the Colorado Aids Project, consumer law, family law, criminal defense, and Alternative Defense Counsel for juveniles in Denver.
