Current estimates put the U.S. market size for the toy industry to be in the $25 billion range. Top selling categories include outdoor/sports toys, infant/toddler/preschool toys, dolls, building sets, games and puzzles, action figures and accessories, vehicles, plush toys, arts and crafts, and electronics. With roughly one-quarter of the population under the age of 18, there’s a lot of kids interacting with a lot of toys — far too many of which pose serious risks. Consumers have a right to be free from dangerous, defective products.
KY defective toy lawyer Billy Johnson believes that those who cause harm to others should be held accountable for their actions. This includes paying compensation for medical expenses, pain and suffering, and, in the event of a fatal accident, wrongful death. Based in Pikeville, Billy has made it his life’s work to help people throughout Kentucky. He is a proven advocate with over 15 years of experience who has handled litigation in both of Kentucky’s District Courts, the United States Court of Appeals, and the United States Bankruptcy Court.
Products are sometimes sold in spite of known issues. Other times, products develop issues after they are out on the market. A serious, widespread design or manufacturing defect may prompt a recall. Unfortunately, many unsafe toys are sold long before the need for a recall arises. Nor is a recall a magic bullet that suddenly locates all affected units and fixes them. Rather, the consumer often remains unaware of the danger, eventually putting the harmful toy back into the market through secondhand sources such as Craigslist, eBay, garage sales, and flea markets.
According to a nonprofit organization that examined 2005 to 2014 recall data from the U.S. Consumer Product Safety Commission (CPSC), there were a total of 19,581 incidents, 2,464 injuries, and 54 deaths related to recalled children’s products reported prior to recall. In 2014 alone, nearly 17 million units of children’s products were recalled, including five recalls that measured over one million units per recall. Yet, 80 percent of the recalled products stayed with the consumer.
Any toy can pose a risk and research has shown that one child is treated in a U.S. emergency room every three minutes for a toy-related injury. Common injuries include strangulation, choking, burns, hearing loss, blindness, suffocation, and blunt force trauma. Defects can come in any shape and size, such as:
- Cords and strings
- Electric shock
- Harmful chemicals
- Loud noises
- Missing or incomplete warnings
- Propelled objects
- Sharp, pointed edges
- Small parts.
Some recent recalls demonstrate the wide range of potential harm caused by toys:
- Plastic trapeze rings on a playset can unexpectedly crack or break (fall hazard)
- Fasteners on a costume can fail to detach (strangulation hazard)
- Toy truck’s remote control can overheat (burn hazard)
- Zippers on beanbag chairs (suffocation hazard)
- Hubcaps can detach from ride-on car (choking hazard).
How can you protect yourself? Check SaferProducts.gov or Safekids.org for recalls and injury reports, and sign up for safety updates at KidsInDanger.org. Use your mobile device to search for recall information while shopping or considering a second-hand toy. Report problems with a product both to the manufacturer and to the CPSC. Save any pieces and packaging, and do not attempt to fix the toy. An injury to your child can be frustrating and scary — speak with a skilled legal professional about your rights.
If your child has been injured by a defective toy, you will need an experienced attorney to effectively represent your interests. At the Johnson Law Firm, our Pikeville personal injury lawyers handle dangerous toy cases in Eastern Kentucky and statewide. Our founder, Billy Johnson, has been named a Super Lawyer by U.S. News & World Report, as well as an American Trial Lawyers Association Top 100 trial lawyer, and he is a proud member of the Million Dollar and Multi-Million Dollar Advocates Forums. He knows how to analyze each claim to determine all potential sources of liability, which may extend beyond the toy manufacturer to the designer, the seller, the wholesaler, a component parts manufacturer, or the assembler. You need your own investigative team working to secure the evidence needed to prove your claim. To get our team started immediately on your behalf, contact us today by filling out this evaluation form or calling us at 1-606-433-0682.