Baby Toy Recall Lawsuit

Baby toy injuries are physical harm or distress that a baby or toddler might suffer as a result of playing with or using a toy. These injuries can range from minor ones such as scratches, bruises, and bumps to more severe ones such as choking, strangulation, poisoning (from toxic materials used in the toy), or even serious injuries to the eyes, face, or other parts of the body. The injuries can occur due to defects in the toy, improper use, or lack of adult supervision.

What Baby Toys Have Been Recalled?

Baby toy recalls are often due to safety concerns that have been identified after the product has been sold. Common reasons for recalls include:

Defects with the Warning Labels or Insufficient Warning Labels

Toys, especially those meant for children, are required to carry warnings if they have small parts or other potential hazards. If a toy has a defect with the warning labels or insufficient warning labels, parents might not be aware of the potential risks, which could lead to injuries.

For example, in 2019, Hasbro recalled their Super Soaker XP 20 and XP 30 water guns because the decorative sticker on the water tank contained levels of lead that exceeded regulatory limits. The product packaging did not carry a warning about this potential hazard.

Problems with the Product Design

Flaws in the way the product was designed can turn a seemingly harmless toy into a dangerous one.

In 2007, Mattel, one of the largest toy manufacturers in the world, recalled millions of toys due to design and manufacturing issues. One of the primary concerns was the usage of lead-based paint, which is toxic if ingested by children. The toys included popular characters from movies and TV shows such as “Cars”, “Barbie”, and “Polly Pocket”. The design issue, in this case, was the usage of small, powerful magnets in some toys, which, if swallowed, could attract each other internally and cause serious injury or death.

Another example is the “Buckyballs” recall in 2012. Buckyballs are small, powerful magnetic balls that can be molded into different shapes. They were recalled because children were swallowing these magnets, leading to severe injuries. The magnets would attract each other internally, causing pinching or blocking of the intestines, which required immediate medical attention and often surgery to remove. Despite clear warnings that they were not suitable for children, the design of the toy itself was deemed inherently unsafe.

Problems with the Way that the Product was Manufactured:

Sometimes, the way a product is manufactured can introduce risks that were not intended in the design. For example, in 2020, Manhattan Toy recalled their “Manhattan Ball” activity toys because the plastic tubes could detach from the center ball and release the small silicone teethers that were threaded on the tubes, posing a choking hazard. This was a manufacturing defect, as the tubes were not intended to detach.

In another case, Mattel had to recall 4.7 million Rock ‘n Play sleepers in 2019 after they were linked to over 30 infant deaths. The product was designed to allow babies to sleep at an incline, a feature that goes against safe sleep recommendations from many pediatricians. The product was associated with suffocation risks, especially if the infant rolled over while unrestrained.

Similarly, in 2016, McDonald’s had to recall millions of their “Step-It” activity wristbands distributed in Happy Meals because they caused skin irritations and burns in some children. This was due to a manufacturing defect in the wristband’s battery housing.

Other examples of recalls include the B. toys Walk ‘n’ Learn Wood Activity Toddler Walkers for choking hazards due to detaching small parts or Fisher-Price’s Rock ‘n Play Sleeper due to the risk of infant fatalities.

What to Do With Recalled Baby Toys?

If a toy your child uses has been recalled, stop using the toy immediately. You should then follow the instructions provided by the manufacturer in the recall notice. Typically, this involves returning the product to the manufacturer or the retailer for a refund, repair, or replacement.

Who Can Be Held Liable for Baby Toy Injuries?

In general, manufacturers can be held liable for injuries caused by defective toys under product liability law. This includes designers, manufacturers, distributors, and retailers.

As for daycare centers, they could potentially be held liable if they continue to use a recalled toy or if they fail to supervise children adequately while using toys. The key question is whether the daycare center was negligent in its duty of care toward the child.

What Are the Legal Remedies for Baby Toy Injury Cases?

When a child is injured by a defective toy, the family may be entitled to various types of damages under product liability law. Here’s a bit more about each type:

1. Medical expenses: Medical expenses are the costs related to treating the child’s injury. This can include expenses for hospital stays, doctor’s visits, surgeries, medication, physical therapy, and any future medical expenses related to the injury.
2. Pain and suffering: Pain and suffering damages are meant to compensate for the physical pain and discomfort that the child has suffered as a result of the injury. Calculating pain and suffering damages can be complex and often depends on the severity and permanence of the injury.
3. Emotional distress: In some cases, a child may suffer psychological harm due to the injury. This could include anxiety, depression, or post-traumatic stress disorder. Damages for emotional distress are meant to compensate for this psychological harm. It’s worth noting that proving emotional distress can be challenging and usually requires testimony from a mental health professional.
4. Punitive damages: These are damages meant to punish the party at fault (typically the manufacturer in a product liability case) and deter them and others from engaging in similar behavior in the future. Punitive damages are not awarded in all cases but may be considered if the manufacturer knew about the defect and failed to correct it or if their conduct was otherwise egregious.

Do I Need a Lawyer for Help With a Baby Toy Recall Lawsuit?

If your child has been injured by a defective or recalled toy, it may be beneficial to consult with a defective products lawyer. They can help guide you through the process of filing a lawsuit and can ensure that your rights are protected.

Here’s how LegalMatch can help you:

1. Case Posting: You can visit the LegalMatch website and provide details about your case, including the baby toy recall lawsuit. This information will be treated confidentially.
2. Lawyer Matching: Once you submit your case details, LegalMatch’s system matches you with attorneys in your area who have expertise in handling similar cases. These attorneys are pre-screened and have demonstrated their qualifications and experience.
3. Lawyer Profiles and Reviews: LegalMatch provides you with access to attorney profiles, which include information about their background, experience, education, and client reviews. This information can help you make an informed decision when selecting an attorney.
4. Free Initial Consultation: After matching you with potential attorneys, LegalMatch facilitates a free initial consultation between you and the lawyers. During this consultation, you can discuss your case, ask questions, and evaluate whether the attorney is the right fit for you.
5. Cost Transparency: LegalMatch’s platform encourages attorneys to provide transparent information about their fees and billing practices. This transparency helps you understand the financial aspects of hiring a lawyer for your baby toy recall lawsuit.

Use LegalMatch as a valuable tool for finding the right lawyer to assist with your case.