Author: Betsylew R. Miale-Gix, Attorney at Law

Did you know that statistics from the U.S. Consumer Product Safety Commission show about 170,000 children were treated in emergency rooms for toy related injuries in 2007? This time of year many individuals are drawn toward that prized toy or doll for holiday gift giving. While most consumers are choosing toys for the children on their lists based on the type of toy, a child’s wish list request, or cost of the toy, all too often the critical element of safety is overlooked. 

As with any other product, there are circumstances in which toys pose a threat to the well being of children that can lead to injuries and claims. These dangers and claims arise out of unsafe or hazardous design elements, defects in construction, misleadingly advertising pushing sales of products to inappropriate age groups, and/or inaccurate labeling and instructions which do not advise of hazards which the users and purchasers may not be able to appreciate or protect against.

The most commonly overlooked dangers posed by toys are: sharp edges; lead or chemical contaminants; unreasonably flammable materials; small pieces which can detach in normal and expected use to pose a choking hazard; battery operated toys, especially those for use by kids under eight years old as batteries may leak, overheat and explode; toys with hair or fur such as dolls and stuffed animals that can be ingested and aspirated by young children; and those with strings longer than 6 inches which could strangle small children.

The U.S. Consumer Product Safety Commission (CPSC) is tasked with enforcing toy safety standard and advising the public of dangerous toys they discover. The CPSC reported the top types of toys to be wary of in 2008 include those with magnets, balloons, small pieces, riding toys and those with chargers/adapters. This warning was echoed in the recently released 10^th Annual Toy Safety Campaign: 10 most Dangerous Toys for 2008 list published by the Keenan’s Kids Foundation which advised against toys such as the:

• Fairies backpack/bag made by Tyrrell Katz which has levels of lead sufficient to cause developmental problems in children who frequently use it;

• Air Hogs RC Helicopter due to the lithium batteries which can explode or bust into flames if not properly charged or handled;

• Magnetic Earrings which are both swallowing hazards and in some cases have unsafe levels of magnetic flux, and;

• Products such as Lip Gloss and Lip Balm in a key chain container made by Girl 2 Girl which contain phthalates. Phthalates will be banned as of February 2009 due to the toxic nature of these chemicals which pose a proven long term risk to children’s reproductive and endocrine systems. For the present, they are still in many products for children being sold in the USA.

The CPSC does not bring claims for the medical bills and damages sustained by children injured by dangerous toys - that is the purview of plaintiff’s personal injury attorneys who can bring products liability actions in both state and federal courts.

Not every injury to a child which occurs while they are playing with a toy is from a defective product. The toy must have been being used in the manner intended, be unmodified and have a particular problem in design, manufacture or materials which caused the injury for there to be a claim for injury. When a significant injury or unexplained illness occurs which requires extensive treatment to the child, and it appear to be related to a particular toy, it is important to seek a consultation with an experienced personal injury attorney.

The personal injury attorneys at Adler Giersch ps have the knowledge and experience to assist you in these toy related product liability claims and are available for free consultation through their offices in Seattle, Bellevue, Everett and Kent.