Many individuals are aware that there are laws, called product liability laws, that set boundaries and guidelines for when manufacturers or sellers can be held liable for injuries. These laws also provide guidelines for when the consumer’s actions may negate that liability.
When it comes to children’s toys, however, the rules and parameters are different. Children lack the mental awareness to know when a product is defective.
Even if a product is not defective, children may use it or parts of it in an unsafe manner. This may result in a child who suffers an injury that may cause them short-term harm, long-term harm, or may even be fatal.
When toys that are put into the stream of commerce are dangerous or can be dangerous when played with by children, a lawsuit may result.
What Are Some of the Most Common Dangerous Toys?
There are some toys that are dangerous because of a defect in the assembly or manufacturing process. Other toys may be dangerous due to their design, with no abnormalities in the product itself.
The younger the child, the more likely that a toy may cause them harm. The most common dangers and defects related to children’s toys include:
- Choking hazards: The younger a child is, the more likely they are to put things, including toys, in their mouth. Small toys and toys that have detachable parts are choking hazards if they are small enough for a child to fit it into their mouth;
- Toys with projectiles: Older children may play with BB guns, airsoft guns, or paintball guns, which come with obvious dangers. But even toys that have softer projectiles, such as rubber or foam may still cause injury if used improperly, for example, aiming at the face or eyes;
- Extreme sports gear: Dirt bikes, skateboards, scooters, and other sporting vehicles popular with younger individuals may cause dangerous falls and other injuries, which are only exacerbated if the product is poorly made;
- Strangulation risks: Toys with cords, loops, or fabrics that can be undone may become wound around a child’s limbs or neck;
- Sharp and pointed objects: Toys with sharp edges or pointed parts may cause stab wounds or lacerations if the material is hard or durable; and
- Toxic materials: While not as common as it was in past years, if a company makes their product with a dangerous material, such as lead, ingestion can cause a child to suffer from poisoning.
Of course, this is not an exhaustive list of the ways in which dangerous toys may harm children.
What Are Water Absorbing Toy Injuries?
A water absorbing toy is a toy that grows in size when it is placed in the water. These types of toys may vary in shape and design.
They are typically around the size of a marble before they expand with water. When placed into the water, they may be able to grow up to four hundred times their original size.
These types of products have been connected with injuries to children. If the child ingests this type of toy, the product may swell internally, causing severe injuries.
In many cases, emergency surgery can be performed to remove the toy from the child’s intestines. Choking and other similar types of accidents may also be a concern with these types of toys.
How Does Product Liability Law Apply to Dangerous Toys?
Although each jurisdiction may define and classify terms differently, defects that are legally actionable typically fall into one of three general categories, including:
- Manufacturing defects;
- Design defects; or
- Lack of or ineffective warning labels.
A manufacturing defect occurs when a product, or toy, is being assembled. Something occurs during the process that causes the product to malfunction.
A design defect is a problem with the way the product was intended to be manufactured. This may include faulty blueprints or faulty materials.
Lack of or ineffective warning labels can be slightly tricky with toys. What type of warning label is sufficient will often depend upon the type of toy and the age category it is intended for.
Most toy manufacturers now place recommended age ranges on their toys to warn parents that certain products may be hazardous for younger children. These labels are intended more for the parents than for the children.
Can I Collect Damages After a Dangerous Toy Injury?
Yes, an individual may be able to collect damages if their child suffers a dangerous toy injury. Product liability laws allow a plaintiff, or injured party, to file a lawsuit against any or all parties in the supply chain, which may include:
- Retailers;
- Distributors;
- Assemblers; and
- Manufacturers.
This allows a plaintiff to seek and recover damages even if one of the parties in the supply chain, for example, goes bankrupt. In addition, in some cases, a plaintiff may seek damages under the strict liability principle.
In order to succeed in a strict liability claim, a plaintiff will need to prove:
- The toy was unreasonably unsafe or dangerous when it was designed, made, or sold;
- The retailer or seller expected and intended the toy to reach consumers unchanged, and
- The plaintiff was injured by the toy.
This type of case does not require proof of any negligence or recklessness on the part of the defendant. This is because proving that occurred would be an unreasonable burden on the injured consumer.
The strict liability approach is often the best choice when it comes to seeking damages for toy injuries. However, in a few states, a negligence claim may be more successful, depending on the facts of the case.
An attorney will be able to advise an individual which type of claim would best fit their situation. In addition, if the same toy caused the same types of injuries to multiple plaintiffs, the case may be filed as a class action lawsuit.
This type of lawsuit allows multiple injured parties to recover from the same defendant while streamlining the process.
Who Can be Held Liable for Injuries Caused by Water Absorbing Toys?
In many cases, the injuries that are caused by a water absorbing toy may be serious. Often, liability for these injuries can be attributed to the manufacturer of the toy.
The manufacturer may be held liable under a defective product theory of law, discussed above. In these types of cases, the defect may be in the design of the toy, which may make it more susceptible to being swallowed or ingested.
In other cases, a defect may be in the lack of a proper warning label on the packaging of the toy packaging. One example of this would be a failure to include a warning regarding choking or ingestion hazards.
What Are the Legal Remedies for a Water Absorbing Toy Injury?
A water absorbing toy injury may require legal action if conflicts or legal issues arise that must be resolved. In some cases, a lawsuit may be necessary to compensate the injured party.
Typically, a monetary damages award is the remedy provided in these types of lawsuits. A damages award may provide a plaintiff with compensation for losses such as:
- Medical bills; c
- Costs of emergency surgery; and
- Other related expenses.
In many cases, a recall of the toy may also result. There may be additional legal issues that arise if a retailer, such as a toy store, continues to sell a water absorbing toy that has already been subject to a product recall.
Do I Need a Lawyer for Assistance with a Water Absorbing Toy Injury Lawsuit?
A water absorption toy lawsuit may be complex and typically requires the assistance of a lawyer. If your child has been injured by a water absorbing toy, it is important to consult with a defective products lawyer in your area for help with an injury lawsuit.
Your attorney will review your case, provide you with legal advice, and represent you in court. Your attorney can also help you negotiate a settlement with the parties in the supply chain.
