As Christmas approaches, you might find yourself rushing to the nearest toy store to find the perfect gift for a child in your life. However, before you walk out of the store with your purchase, you want to make sure that the toy on the child’s wish list isn’t a hazard. Each year, thousands of children are treated at emergency rooms for injuries caused by toys. Hundreds of toys are also recalled every year because of safety issues. When you buy a toy for a child, you should pay special attention to what you are purchasing, including the recommended age and any warnings. Remember that young children are particularly at risk of asphyxiation caused by toys with small, detachable parts. Toys with easily accessible batteries or magnets are also choking hazards for young children. Plastic or glass toys that break easily can cause injuries as well. Flammable materials, toxic substances, and sharp edges are all examples of poor design that puts your child at risk. Adhere to the manufacturers’ warnings and instructions, and provide supervision when necessary. You can also check annual reports, such as “Trouble in Toyland”, for a list of toys that could be dangerous for children. Though you should do everything you can to ensure the child’s safety, ultimately, it is the product manufactures designers, distributors, and sellers who are responsible for the toy.
Under Massachusetts product liability laws, these parties have the duty of creating and distri buting safe products. They are also responsible for providing a warning of the toy’s dangers if any exist. Product liability laws cover three kinds of product defects: flawed product design, when a toy is improperly designed; manufacturing process error, when the toy is manufactured differently than it was designed; and marketing defect, when a toy does not have the proper instructions or warnings for its safe operation. Even when none of these defects apply, products liability law holds manufactures and sellers liable if a product is dangerous or defective enough to cause injury or death.
If your child is injured by a defective toy or game, you should seek immediate medical attention. If possible, keep the defective toy as evidence. Your next step should be to contact an experienced product liability lawyer at Altman & Altman as you are owed compensation from the parties responsible for the injury. Call the exceptional personal injury attorneys of Altman & Altman LLP at (617) 492-3000 or (800) 481 6199 toll-free, or contact us online to schedule a free initial consultation with one of our lawyers. We are available twenty-four hours per day, seven days a week to speak with you about your case. Our attorneys represent victims injured by defective toys on a contingency fee basis – we charge no fee unless you receive compensation. We understand that this can be a difficult time for you, and we will handle your case with the utmost attention to your concerns.