On July 13, 2017, the TOMY toy company recalled nearly 10,000 “Lamaze Munching Max chipmunk stuffed toys.” According to the Consumer Product Safety Commission (CPSC), “Parts inside the toy can break creating a sharp point that can penetrate the surface of the toy, posing a laceration hazard.” There has been at least one child harmed by the toy so far. The recall number is 17-188, and more information about the recall can be found on the CPSC website here.
The CPSC reports that there are more than 250,000 toy related injuries to children each year treated in hospital emergency rooms. That’s roughly 700 every day. Manufacturers of toys and other children’s products have a duty to prevent their products from causing harm. This duty means that manufacturers must produce products that are safe for children to use, and that consumers must be warned about any potential hazards that a product presents. When manufacturers breach this duty, victims of harm can bring a product liability claim.
Heightened Standard of Care for Producing Children’s Products
If a person misuses a product, especially in an unforeseeable way, a manufacturer will not typically be liable. Under Georgia law, manufacturers must produce products that are “reasonably suited to the use intended.” When a person uses a product in a way that was not intended or expected, that misuse can usually provide a complete defense to a product liability claim.
However, Georgia courts also recognize that young children cannot be held to the same standard as adults. Young children lack the same level of judgment that adults are expected to have. For this reason, manufacturers of children’s products are expected to foresee that children will do all sorts of things with their products that were not intended. Therefore, manufacturers of children’s products have a duty to design and sell products that will be safe even when children misuse them.
Common Dangers Posed by Children’s Products
Parents should be aware of the common dangers that children’s toys and products pose and keep their children safe from them.
According statistics compiled by the CPCS, the most common dangers that children’s toys pose are:
• Choking or swallowing hazards from small detachable pieces, internal pieces such as magnets or speakers, or from plastic outer layers that can be easily removed from the toys.
• Straps or strings that can strangle young children.
• Balloons or plastic films that can cause suffocation.
• Lids on toy chests or other types of chests that can fall and trap, injure or kill kids.
• Electric shock from electric or battery powered toys.
For More Information, Contact the Products Liability Attorneys at Williams Elleby Howard & Easter
Georgia parents are entitled to buy toys for their children that are safe to use and free from defects. It is inexcusable for companies to sell dangerous products that harm Georgia children. The Kennesaw, GA personal injury attorneys at Williams Elleby Howard & Easter, are dedicated to getting victims of defective products the compensation they deserve. If your child has been injured by a defective product, call Williams Elleby Howard & Easter, to schedule a free consultation at 833-LEGALGA.
