It’s every parent’s worst nightmare: a toy you thought was safe suddenly becomes dangerous, leaving your child seriously injured. We trust manufacturers to rigorously test their products before they hit the shelves, but defective and hazardous toys still make their way into homes, daycares, and playgrounds. When a toy injures a child, manufacturers are not eager to cover your medical bills or compensate you for your child’s pain and suffering. Instead, they often deny liability in an attempt to make the case go away.
For over 35 years, Buttafuoco & Associates has fought for families whose lives have been turned upside down by serious injuries. Our New York defective toy lawyers believe in holding negligent toy manufacturers accountable. If your child has been injured by a defective toy or playground equipment, call 1-800-NOW-HURT for a free consultation today.
When Are Product Manufacturers Liable for Defective Toys?
Manufacturers are expected to design products with safety in mind–which includes being able to foresee potential safety risks and head them off before they result in injuries. A few obvious examples of this that manufacturers should be aware of include:
- Toys for babies and toddlers should never contain small parts that pose choking hazards.
- Sports gear should be sturdy, protective, and easy to remove in an emergency.
- Toys should be free from toxic chemicals, sharp edges, and strangulation risks.
When toy companies cut corners, however, dangerous toys end up in the hands of children. Whether or not the company intentionally failed to deliver a safe product is irrelevant: if their negligence resulted in an injury to your child, they must be held accountable.
Major Defective Toy Cases
Defective toy cases happen far too often. Some of the most egregious examples of this in recent years include:
- Aqua Dots Recall: A child swallowed a decorative bead coated with chemicals that metabolized into gamma hydroxybutyrate (GHB)—a dangerous sedative known as a date-rape drug. The family won $435,000 in federal court.
- Mattel Class Action: Mattel settled a $50 million lawsuit after recalling lead-contaminated toys from China. Lead poisoning in young children can have serious consequences, including seizures and developmental delay.
- Little Live Pets: In 2017, Moose Toys recalled 427,000 Little Live Pets when it was discovered that the batteries leaked toxic chemicals
- Fidget Spinners: Battery-operated fidget spinners have small parts that can lead to choking. They have also been reported to catch fire while charging and were pulled from shelves when it was discovered that they contained lead.
These are just a few recent examples of serious safety issues related to toys. If your child has been harmed by a toy you thought was safe, Buttafuoco & Associates can help you determine whether you have a case. Call 1-800-NOW-HURT.
Common Toy Defects That Cause Injuries
Some toys never should have made it to market due to dangerous defects. Unfortunately, defects are far too common. Some examples include:
- Flammable materials that create a fire hazard
- Sharp edges that can cause cuts or puncture wounds
- Cords, strings, or straps that pose a strangulation risk
- Poor construction that leads to sudden collapse or breakage
- Electric shock hazards from faulty wiring or battery malfunctions
Defective toys are special cases, as more than one party could be liable. It can also sometimes be challenging to prove that a product is in fact defective. Working with an attorney may be in your best interest if you are dealing with a toy you believe is defective.
How Manufacturers Are Held Responsible
Manufacturers of dangerous toys can be held liable in two major ways:
- Strict Liability: If a toy is defective and causes injury, the manufacturer can be held responsible whether they were negligent or not in the design, manufacturing, or marketing of the toy. Still, parents must still prove a defect existed and caused harm.
- Negligence: In these cases, you must prove that the manufacturer was careless in some way. Often this occurs when a company knew about the risks but failed to warn consumers or intentionally hid safety hazards.
But big corporations often outright refuse to admit fault. What’s worse, they have teams of lawyers whose job is to help these corporations avoid their responsibilities to consumers. That’s where our experienced New York defective toy attorneys come in. Buttafuoco & Associates works with teams of experienced product engineers, safety experts, and investigators to prove what really happened and fight for justice and the compensation you and your family deserve.
Compensation for a Child’s Toy-Related Injury
When a child is injured, the legal process works differently than in adult injury cases. While children don’t have lost wages, they may be entitled to damages for:
- Future lost earning capacity if the injury leads to a permanent disability)
- Medical expenses, including surgeries, rehab, and long-term care
- Pain and suffering if the child’s injury qualifies as a “serious injury” under New York law
Because an injury can affect your child’s future for years to come, it’s critical to understand your legal rights and work with an experienced defective toy lawyer serving New York. For over 35 years, we’ve helped families win. If your child was injured by a defective toy or playground equipment, don’t wait.
Call 1-800-NOW-HURT today for a free consultation.
