Fidget spinners are small toys that are designed to spin around a central hub. They are designed to be held in a person’s hand, between two fingers at its center. It is flat with several lobes, usually three of them. A spinner is made from metal or plastic and is designed to spin around on a single plane when a person holding it between their fingers exerts pressure on the center part of the device.
The toy has been marketed as a device that helps people, especially children, who have trouble focusing or those who may need to fidget to relieve nervous energy, anxiety, or psychological stress. The producers market the device with claims that it can calm people who have anxiety or ADHD and autism There is, however, no scientific evidence to support the claim that they are effective as a treatment for ADHD or any other condition.
They are also marketed for use by young children as a means of controlling their urge to fidget or make other repetitive movements, which accounts for the name. Their appeal to young children is enhanced by the fact that they are made in bright colors that appeal to children. Some versions have flashing lights.
Some fidget spinners have been found to be dangerous due to parts falling off of them, as well as other concerns; among them are electrical fires.
Some common fidget spinner injuries include the following:
- Finger Injuries: Fingers can get caught in small openings in the toy, sometimes requiring surgery or even amputation;
- Choking: Small pieces can break off the toy and children may swallow them and choke;
- Lead Poisoning: This can be caused by cheaper, “knock-off” versions of the toy that are imported even though they are not approved by U.S. authorities;
- Lacerations: Some versions of fidget spinners have sharp edges that can cause cuts.
Lastly, due to the spinning motion that the toy makes, it can cause injuries if it is projected and strikes someone, especially while still spinning. This can cause eye injuries and other similar accidents. These types of injuries can be serious and may result in long-term conditions, especially for younger children. As with any toy, some fidget spinners might affect many consumers with the same type of injury risk.
Who Can Be Liable for a Fidget Spinner Injury?
While each case is different, in most cases the manufacturer and distributors of fidget spinners can be held liable for injuries caused to a consumer. Lawsuits for injuries caused by defective toys, such as fidget spinners, usually based on a strict product liability theory of law.
Products sold to consumers in the marketplace are expected to be safe. The public has seen many instances in which trendy toys and other products prove to be dangerous to those who use them. While their popularity may skyrocket instantaneously, they prove later to be defective and unsafe for ordinary use.
Strict product liability is available in cases in which a defect in a product causes injury to a person who uses it. The injured victim does not have to prove that the manufacturer or distributors of the product were negligent in any way. The victim who seeks compensation for the injuries only has to prove that a product the victim used was defective and that the defect caused their injury.
Various types of defects can lead to a manufacturer being held liable for the injuries these defects cause. These can include:
- Warning Label Defects: The fidget spinner toy may have been sold without the appropriate warning labels, and accompanying directions regarding how to use it safely. The label and directions may not have identified the age range of people who are best able to use it safely. and other information that lets users know how to play with it safely;
- Design Defects: These occur where there is a fault in the product’s design. An example of this is where there is a sharp edge designed into the toy, creating a risk for cut injuries;
- Manufacturing Defects: Manufacturing defects arise during the manufacturing process. The defect might result from some problem with the way the toy was assembled or it could be a problem with the materials used to make it. Issues that arise during the manufacturing process can cause such issues as small parts that break off. These, in turn, create a choking hazard.
Keep in mind that any kind of risk of injury can be created by any of the possible types of defects.
In 2017, a 10-year-old child in Texas nearly choked to death after swallowing a small piece of a fidget spinner. The child had to undergo emergency surgery to remove a fidget spinner bushing from their esophagus. The child had inserted the fidget spinner in their mouth in an attempt to clean it, but accidentally swallowed a metal piece. The child was treated and emerged unharmed.
Fidget spinners have also been associated with fires. Some types manufactured abroad caught fire while plugged into charging ports. This specific kind of fidget spinner had to be plugged into wall outlets for their rechargeable battery packs to stay charged. Reportedly many people came home to electrical fires after leaving spinners plugged into home outlets.
Are There Any Legal Remedies for a Fidget Spinner Injury Claim?
As noted above if a fidget spinner causes injuries, this can lead to lawsuits for strict product liability. If a lawsuit is successful, the victim may receive an award of monetary damages that must be paid by the party found liable to the injured party or their parents or guardian, if the injured victim is a minor. The damages may compensate the victim for economic losses they sustained. These losses would include all of the costs for medical treatment, including doctors’ bills, hospital care, diagnostic tests, medication and the like.
If the victim is an adult, they can recover compensation for any wages they lost, if they were unable to work because of their injuries. Damages should also compensate for losses that are anticipated in the future. For example, if a person’s ability to work is permanent and they can expect to suffer a loss in their earning capacity, they can seek compensation for this. Or, if a person suffers permanent disfigurement or disability, of course, they must be compensated for this.
Compensatory damages may also address the pain and suffering that a person can suffer in connection with physical injuries. And, rarely, but in a case where the facts justify it, a person might recover punitive damages. Punitive damages are damages that are imposed with the goal of punishing a manufacturer or distributor of a defective product for conduct that can be characterized as especially reprehensible.
For example, if a manufacturer was well aware that its product was defective and could inflict serious injury on an unsuspecting member of the public, but placed it into the stream of commerce anyways, an award of punitive damages might be appropriate.
In addition, a lawyer might be able to work up a class action lawsuit if many consumers are all affected by the same dangerous condition created by a fidget spinner toy defect.
At the very least, a person who has had a dangerous experience with a fidget-spinner should report their experience with the product to the U.S Consumer Product Safety Commission. Reports can be filed by email or online at the agency’s website.
Should I Hire a Lawyer for Help with a Fidget Spinner Injury?
If you have suffered an injury caused by a fidget spinner that is serious, you may need to take legal action to seek damages for your losses. It may be in your best interests to consult an experienced defective products lawyer in your area if you need legal representation for a case. Your attorney can analyze the facts of your case and provide you with legal advice and guidance throughout the process of filing a lawsuit if that is necessary.
