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Toy Safety this Holiday Season

By Lependorf & Silverstein on December 27, 2016

presents2The holidays are a time for families to celebrate together, especially families with young children. Lifelong memories can be created and traditions are passed on from generation to generation. Unfortunately, some families found the holidays to be a time to fear for the safety of their children. This may have been due to the discovery of the potential risks of injury or worse due to defective and poorly designed toys the children received over the holiday season.

The federal and state governments have many laws that protect consumers from faulty products. Manufacturers, importers, distributors and/or retailers are regulated by the Consumer Product Safety Commission, and they are responsible for reporting any of the following:

  • A defective product that could create a substantial risk of injury to consumers;
  • A product that creates an unreasonable risk of serious injury or death;
  • A product that fails to comply with an applicable consumer product safety rule or with any other rule, regulation, standard, or ban under the CPSA or any other statute enforced by the CPSC;
  • An incident in which a child (regardless of age) chokes on a marble, small ball, latex balloon, or other small part contained in a toy or game and that, as a result of the incident, the child dies, suffers serious injury, ceases breathing for any length of time, or is treated by a medical professional; and
  • Certain types of lawsuits.

Children are especially vulnerable to injury from defective toys and other products, such as cribs, car seats, or strollers. More and more products are imported from overseas, from countries that may not have the same stringent safety standards we have here in the United States. And the sheer number of toys and consumer goods that are bought during the holiday season means that an increase in injuries is inevitable.

No one should need to fear for the safety of their children when it comes to playing with toys or using products that were designed for them. Manufacturers and retailers have a responsibility to make sure the products they sell are safe, and any potential hazards are clearly marked. Failure to do so means that they can be held liable for any damages that you and your child have suffered as a result.

If you or a loved one has suffered an injury or wrongful death due to a faulty product, the legal team at Lependorf & Silverstein, P.C. have the experience and resources to help you secure the compensation you deserve, whether it’s the result of a packaging error, a potentially harmful manufacturing or design defect, or the inability of the manufacturer to properly warn you of a hazard. Call our New Jersey product liability attorneys at (609) 240-0040 today to schedule a free consultation.

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