This past July, national news sources reported that Baby Einstein, an Atlanta-based toy company, was forced to recall more than 400,000 baby jumpers after receiving reports of more than 60 injuries. The recall included a number of models that sold nationwide by major retailers such as Toys R Us and Amazon.
How common are toy injuries?
A 2011 U.S. Consumer Product Safety Commission report found that:
Toy injuries are on the rise — between 1997 and 2011, toy-related emergency visits escalated from 141,300 to 262,300 per year
Almost half of all toy accidents caused harm to the head and face — injuries included traumatic brain damage, facial burns and other disfiguring injuries
Many toy injuries affect younger children — more than a third of toy-related injuries involve children under 5 years old and more than two-thirds involve children under the age of 12
Types of claims
If a defective toy injures you, you can sue for design problems, or problems with the way a product was configured, manufacturing defects, or defects in an individual product, and warning defects, such as a manufacturer’s failure to warn customers of hazards.
Who can you sue for toy injuries?
If you are injured by a defective product or you were not adequately warned about potential hazards, you can sue any party who contributed to the manufacture or distribution of the product. Potentially liable parties include product designers, manufacturers, retailers and suppliers.