The holiday season is here and with it comes a surge of gift buying and celebration. Children anxiously await the time when they can open presents they hope will contain some of their most sought after toys. No one wants to spoil this good time. Yet, each year children are injured and some die as a result of playing with dangerous toys.
The Consumer Product Safety Commission (CPSC) is charged under the Consumer Safety Protection Act to protect the public against unreasonable risks of injuries and deaths associated with consumer products. It addresses manufacturing defects, as well as protects against dangers from poor design. For example, parts that are too small can choke, strings that are too long can asphyxiate, projectiles that are too forceful can take out an eye, and toys containing toxic substances that leak can burn or poison. To promote safety in toys, the CPSC bans unsafe designs and requires warning labels on packaging that describes potential hazards and states age restrictions for safe use.
Many toys still pose unacceptable hazards to children. Every three minutes a child is treated in a U.S. hospital for a toy-related incident. CPSC found that in one recent year about 240,000 toy-related injuries happened in the U.S. It also reported that in one recent year, seven children died from toy-related incidents. It appears that the rate of injury has been rising. From 1990 to 2011, the number of toy-related injuries increased by 40 percent.
Each year the advocacy organization called W.A.T.C.H. (World Against Toys Causing Harm) warns the public of what it has identified as the ten worst toys of the year that pose the greatest risks of injury. Among them are:
Toy manufacturers defend their efforts to provide safe products and say that the bigger problem is counterfeit toys. However, W.A.T.C.H. advises shoppers to avoid poses a being lulled into a false sense of security that a toy is safe because it has a familiar brand name.
The CPSC has the power to recall a toy from the market if it has been proven unsafe. Unfortunately, this tool is limited, since the dangerous product has already been made and has reached the market. Many purchasers of these unsafe toys will be unaware of the recall. The issue is exacerbated by online after-market sales.
The large number of products reaching the market that need to be recalled is a sign of substandard manufacturing practices and insufficient pre-marketing testing. The best way to protect children remains keeping dangerous toys out of the market in the first place.
Sadly, children are needlessly injured from unsafe toys despite their parents’ best efforts to protect them. At Galfand Berger LLP, our dedicated team of Philadelphia product liability lawyers work tirelessly to recover compensation for families of children who have been injured. Our offices in Philadelphia, Lancaster, Bethlehem, and Reading serve clients throughout Pennsylvania. Call 800-222-USWA (8792) or complete our online contact form to arrange a free consultation.