Starting in November parents, grandparents and extended family get busy buying gifts for the children in their lives. No one wants to see children hurt and yet there are toys on the market with the potential to cause harm. When injuries are caused by a design flaw or other defect, defective products liability laws may come into play.
2017 W.A.T.C.H. hazardous toys list
The nonprofit organization, World Against Toys Causing Harm (W.A.T.C.H.), has been releasing its top 10 list of the year’s most hazardous toys for more than four decades. The toys make the list for various reasons including removable parts or handles that could be choking hazards, risk of burns, and risk of strangulation from long strings. The 2017 top 10 list is as follows:
1. Pull-along pony
2. Fidget spinners
3. Dreadbolt Crossbow
4. Plan Toys wood xylophone
5. Melissa & Doug “Huggable” dolls
6. Wonder Woman “battle sword”
7. Remote-controlled Spider-Man drone
8. A Disney-themed Hallmark plush “stacking toy” for infants (recalled in August but still available online)
9. Razor’s “Heel Wheels”
10. Slackers Slackline, a tightrope-like device that gets anchored between two trees.
Defective products liability
When a child is seriously injured by a toy, parents might wonder if they have a personal injury case to recover damages. Meeting with a personal injury attorney is the best way to understand your legal rights. He or she will make a determination of whether the injury qualifies as a defective product or other type of personal injury case. Some questions that will determine whether there is a case may include:
• Was the toy being used according to manufacturer directions at the time the injury occurred?
• Was there an adequate warning label on the toy’s packaging?
• Was the toy unreasonably unsafe for the toy’s recommended age range?
• Was the injury directly caused because of a manufacturing or packaging defect?
Defective toy causes injury
A defective product is defined as an imperfection in a product either caused by a manufacturing or design defect or is risky because of inadequate instructions or warnings. When a product is unreasonably dangerous to the consumer and causes physical harm as a result of normal usage, the product may be deemed to be in a defective condition.
If your child was the victim of an accident caused by a defective product such as a strangulation caused by a long cord; contact a defective products lawyer. He or she will assess the details of the accident and injuries and may be able to fight for a settlement several times what you could negotiate on your own. The settlement may help to cover damages for medical expenses, therapy, pain and suffering, emotional distress and more.
If you or a loved one is dealing with an accident or injury through no fault of your own, you have enough on your plate. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times bigger with the help of a lawyer. Call the caring accident attorneys at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!