Toys provide an immense amount of pleasure and distraction for children of all ages. They can double as learning tools, as well. Sometimes, however, these instruments of fun and education may pose serious threats to young children if they are improperly made or not intended for use by children under a certain age. A poorly designed or manufactured toy, or the negligence of a child’s supervisor, may result in a toy-choking incident that could lead to a child’s injury or death.
If your child has suffered a toy-choking injury due to a defective product or the negligence of another individual, you may be entitled to damages for the injury your child has suffered. Toy-choking injury lawyer Jeffrey Killino can help you obtain the compensation you deserve. Please call our office today at 877-875-2927 to learn more about asserting your right to recovery.
Tips to Avoid Toy-Related Choking Hazards
Certain measures can greatly reduce the chances of your child’s suffering a choking injury from any of his or her playthings.
- Provide your child with toys intended for his or her age group, only. Children under the age range specified for a toy should never be given that particular item.
- Keep small toys away from children under the age of three
- Check all toys for detachable parts
- Check all toys for small, loose parts that may fall off
- Avoid purchasing toys that have cords long enough to pose a choking hazard
- Do not purchase toys with sharp or abrasive edges, as they can exacerbate any choking injury
Always ensure that anyone who takes care of your child is made aware of the preventive measures listed above. Failure by caregivers to take these precautionary steps may be considered culpable negligence if the failure is found to have been a cause of your child’s choking injury.
Toys that Pose Particularly Serious Choking Hazards
The following toys may pose serious threats to young children. To ensure the safety of toddlers and infants, keep these items out of young children’s reach:
- Balloons
- Marbles
- Pen or marker caps
- Toys with small detachable parts
- Toys that include small balls
- Board games with small pieces
Consumer Product Safety Commission Regulation
The Consumer Product Safety Commission (CPSC), under the Code of Federal Regulations, 16 C.F.R. 1501.2, engages in “small parts regulation,” or the determination of what toys are suitable for use by a child under the age of three.
The CPSC endeavors to prevent toys that pose choking hazards to children from reaching the market and to remove those that are known to present such risks. In 2014, for example, teething toys manufactured by Infantino (Go Gaga Squeeze & Teethe Coco the Monkey) were recalled after the company received reports of infants choking or gagging on the toy.
Legal Claims for Your Child’s Toy-choking Injury
Though food manufacturers are allowed to sell foods that pose choking hazards to children without placing warnings on the labels, toy manufacturers are required by law to warn of such dangers. Both the Consumer Product Safety Improvement Act and the Federal Hazardous Substances Act dictate which products require choking-hazard warnings.
Toys intended for use by children under the age of three are subject to particularly stringent regulation. The regulations apply not only to the manufacturers of these toys, but to their distributors and retailers, as well.
- Warnings of choking hazard
In some states, the inclusion of the warning prescribed by law for a particular toy or category of toys may absolve the manufacturer of liability for a choking injury that results from the toy’s use in contravention of the warning.
- Intended use of product
If, on the other hand, your child has “used” a toy in the manner in which it was intended to be used and has sustained a choking injury as a result, the manufacturer may be held liable for the injuries caused to your child by choking on the toy.
- Strict liability for injuries caused by defective products
Products that are unreasonably dangerous when used as they were intended to be used may constitute defective products. When a defective toy is used as intended by a child of the age group for which it was designed, the manufacturer and anyone in the chain of distribution may be found liable for injuries suffered by that child as a result of choking on the toy or any of its component parts.
Such actions are generally brought under a strict liability theory, which requires no showing of negligence on the part of a manufacturer or distributor. The establishment of a defect in manufacture or design, an injury caused by the defect, and damages sustained as a result of the injury are all that is required to establish the requisite elements of this form of personal-injury cause of action.
Contact Us
If your child has suffered a toy-choking injury due to someone’s negligence or a defective product, you may be entitled to damages in compensation. Toy-choking injury lawyer Jeffrey Killino can help you pursue your legal rights. Please contact our law offices today at 877-875-2927 to learn more.
