Rutberg Breslow Personal Injury Law

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Do you have unsafe toys in your home?

On Behalf of | Jun 29, 2023 | Personal Injury

Since it is on the shelves in a store, you might think that a toy is safe for your children. Unfortunately, this is not always true. Although many toys are safe for their age rating, only you know your children.

Unfortunately, around 217,000 children receive treatment in emergency rooms for toy-related injuries.

What makes a toy unsafe?

Several things make toys unsafe. These are:

  • Hazardous chemicals in or on the toy
  • Parts that are choking hazards
  • Toys that can start fires
  • Privacy invasive toys
  • Water toys that can cause accidental drowning

These are just a few of the most common examples of what can make a toy unsafe.

What are examples of common defective toy injuries?

Toys can cause some very serious injuries. Not all injury results from a defect, but here are some common injuries that are defect related.

  • Traumatic brain injuries
  • Choking
  • Poisoning
  • Burns
  • Fractures
  • Lacerations, abrasions and punctures

There are more, but these are the most common.

What are the actions you can take?

The first action you need to take is to establish liability. You can do this in two ways. They are negligence and strict liability. In most cases, it is negligence.

You must prove that the manufacturer or retailer is in breach of its duty for reasonable care and that it was the cause of the injury. This is negligence.

Strict liability is when the court holds the manufacturer or retailer responsible for their products without you having to prove fault or intent.

It is important to check your child’s toys for defects, read what materials are in the toy, and all instructions and warnings with a toy.

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