World Against Toys Causing Harm (W.A.T.C.H.) has released its 2022 “Worst Toys” list for the holiday season. If you are a parent, you should review this list and immediately remove any named toys from your child’s collection.
As a parent, you expect toys to be safe, but not every manufacturer follows the steps they need to take. If you believe a faulty toy has injured your child, you can speak with an experienced lawyer who can help you determine your next course of action.
The top 10 most dangerous toys of this year include:
- Cocomelon Musical Learning Watch: Potential for battery ingestion.
- Disney Raya’s Action and Adventure Sword: Potential for blunt force and eye injuries.
- Li’l Woodzeez Tickle-Your-Taste-Buds Bakery: Potential choking hazard.
- Zeus Lion: Potential for ingestion or aspiration.
- Dingray Musical Bath Toy: Potential choking hazard.
- Ooze Labs Chemistry Station: Potential for chemical-related injuries.
- Bunny Rabbit Cuddly Pillow: Potential for suffocation.
- Pop’n Fidget Spinners: Potential choking hazard.
- Nerf Pro Gelfire Mythic Blasters: Potential for eye or facial injuries.
- Black Panther Wakanda Battle Claws: Potential for eye or facial injuries.
Claims for Defective Products
When a child is injured by a defective toy, it can be a traumatic experience for the whole family. In many cases, these injuries can be quite serious and require medical attention. If your child has been injured by a defective toy, you may be able to file a products liability claim.
Manufacturers have a responsibility to ensure that their toys are safe for children to use. When they fail to do so, they can be held liable for any injuries that occur. Your child may require substantial medical care and treatment. If successful, your claim may provide you with financial recovery.
When it comes to defective products, there is one main element that needs to be proven in order to hold a party liable: negligence. This means that a company did not take the necessary precautions to ensure that their product was safe for public use. In order to prove negligence, your legal team will need to show the party had a duty to make a safe product, that they breached this duty, and that this breach caused your child’s injuries. This can be a daunting task, as it often requires extensive research into the product design and how it failed.
There are three types of negligent products liability claims:
- A design defect alleges the toy was designed defectively from the start.
- A manufacturing defect alleges there was a flaw in the actual building of the toy.
- A failure to provide a warning alleges that the manufacturer knew there was a potentially hazardous component but failed to adequately warn consumers.
In each of these scenarios, you (your lawyer) would need to collect substantial evidence to prove your claim. Since toys are usually manufactured by large corporations, expect substantial pushback and a strong legal defense. That is why it is crucial that you have legal representation.
What Are Possible Injuries From Toys?
When it comes to toys, there are a lot of things that can go wrong. Toys can be made with harmful materials, they can easily break and create sharp edges, or they can simply have small parts that can be easily swallowed. All of these dangers pose a serious risk to children who may not be aware of the hazards.
Some of the worst toys on the market are those that are made with harmful materials. These toys can contain lead paint, which is toxic and can cause serious health problems in children. In addition, some toys are made with small parts that can easily be swallowed by children. These parts can cause choking hazards and can also lead to intestinal blockages.
Another danger posed by defective toys is the risk of injury. Toys that are easily broken can create sharp edges that can cut a child’s skin. Furthermore, small parts that come off of toys can become lodged in a child’s nose or ears, leading to infection.
One of the most common types of injuries caused by toys is choking. Small parts on toys can easily become lodged in a child’s throat, leading to asphyxiation. In some cases, toy parts have even caused death.
Another common type of injury caused by defective toys is burns. Many toys include small motors or batteries, which can cause severe burns if they come into contact with skin. Children have also been injured by ingesting toxic chemicals used in some toys.
Finally, there are the toys that simply do not work as intended. These defective products often cause frustration and injuries when children try to play with them. Sometimes, children have even lost fingers or hands when trying to operate defective toys.
When a child is injured by a defective toy, they might need immediate medical care. If the child’s injuries are serious, they might need to be hospitalized. Some of the medical care that a child might need includes:
- X-rays: To see if the child has any broken bones.
- Treatment for cuts and bruises: To help the child heal properly.
- IV treatment: To get fluids into the child’s body if they are dehydrated.
- Surgery: If the child’s injuries are severe, they might need surgery to fix them.
Wilmington Personal Injury Lawyers at Rhoades & Morrow Protect Families Who Have Been Harmed by Defective Toys
Nothing is more important than your child. When you purchase a toy, you expect it to bring your child joy, not injure them. Unfortunately, some manufacturers do not always take the necessary care to keep your children safe. If your child has been injured by a defective toy, speak with one of our Wilmington personal injury lawyers at Rhoades & Morrow to learn more about your family’s legal options. Call us at (302) 427-9500 or contact us online to schedule a free consultation. We have offices in Wilmington, Milford, Bear, and Lewes, Delaware. With offices in all three counties of Delaware, we serve clients throughout the state.