Most toys are made with both fun and safety in mind. Toy manufacturers understand that the way to stay in business is to create products that provide parents with peace of mind and children with countless hours of enjoyment.
Sometimes mistakes are made, though. Perhaps someone didn’t really think things through at the design level. Or serious issues were missed in the product testing phase. Or maybe the company did actually allow quick and easy profit to motivate them.
Whatever the source of the problem, the result is a toy that isn’t just bad – it’s dangerous. Unfortunately, there are so many new toys out every day that it can feel impossible to keep track of them and know a safe one from one that is likely to cause harm to your child.
That’s where the WATCH List comes in. Every year, World Against Toys Causing Harm creates a report of toys that present hazards to children. If you’re wondering what to avoid, this is a great place to start.
Below, we’re going to cover the toys on the list, then explain how product liability law works in Florida if a child in your life does end up being harmed by a defective toy.
The Toys All Florida Parents Should Skip This Year
Study this list to know which toys not to choose for the child in your life.
- Nickelodeon Nella Princess Knight Pillow Pets Sleeptime Lites
This pillow pet promises to create images at night and is not intended for use in a crib. However, the flower and heart accessories could produce a choking hazard if removed, and the batteries could leak acid.
- Nerf Vortex VTX Praxis Blaster
This air gun shoots discs that could cause injuries to the eyes or face.
- Marvel Black Panther Slash Claw
This toy has hard plastic claws that could present injuries to eyes, face, or body if improperly used.
- Power Rangers Super Ninja Steel Superstar Blade
A spring-loaded blade made of plastic could cause eye injuries or blunt force trauma.
- Cabbage Patch Kids Dance Time Doll
This soft doll wears a tutu and headband. Which seems harmless, but if the headband comes off, it could present a choking hazard.
- Zoo Jamz Xylophone
The manufacturer of this musical toy does not provide a warning for the drumstick, which could block a child’s airway if placed in their mouth.
- Nici Wonderland Doll: Miniclara the Ballerina
This doll could present a choking hazard if her little kitten becomes detached.
- Stomp Rocket Ultra Rocket
Since the rocket launches a significant distance, it presents a high potential for face, eye, and impact injuries.
- Cutting Fruit
A knife of rigid plastic separates these magnetic fruits. If improperly used, the knife could cause blunt trauma injuries or puncture wounds.
- Chien Á Promener Pull Along Dog
This pull toy has a cord that is almost 19 inches long, which exceeds the 12-inch industry limit. It could potentially cause entanglement or strangulation.
Every three minutes, a child in the United States is treated in an emergency room for an injury with a toy. In 2016, there were around 240,000 injuries related to toys. Avoiding the above toys is a great start, but it’s no guarantee that your child won’t suffer a toy injury if the product in question is defective.
Toys can cause burn injuries, broken bones, choking, and other injuries. These injuries could require extensive medical treatment that you shouldn’t be forced to cover if a toy manufacturer is at fault.
If your child is injured by a defective toy this year, do not pay for another’s mistake. Manufacturers often issue toy recalls, but not every manufacturer is scrupulous about monitoring safety issues. That’s where Florida’s product liability laws come into play.
If you suspect that a defective toy led to your child’s injuries, it’s important to seek medical care, no matter how insignificant the injury may initially seem. Many injuries get worse over time, and you may not realize the extent of the problem simply by visual inspection. Moreover, your child’s medical report can be the key piece of evidence to help you win a product liability lawsuit against a toy manufacturer.
Your Florida injury attorney will need to prove the following elements to win you the compensation you deserve:
- Duty of care. The toy manufacturer owed you a reasonably safe experience since your child used the toy.
- Breach of duty. The toy manufacturer acted with negligence, which breached the duty of care.
- Causation. The toy manufacturer’s negligence directly led to your child’s injury.
- Damages. You incurred financial costs as a result of your child’s injury, for which you are entitled compensation.
Hopefully it will never come to that point. While it’s not possible to stop every possible defective product injury, you can certainly help your child’s chances by being aware of known issues and staying up-to-date with the latest news on recalls and dangers.
About the Author:
Since 1994, seasoned litigation and trial lawyer Anthony B. White has helped thousands of accident victims seek damages due to injuries sustained as a result of another party’s negligence. Included in America’s Registry of Outstanding Professionals and selected to the 2012, 2013, and 2014 editions of Florida Super Lawyers, Mr. White specializes in car accidents, insurance disputes, wrongful death, product liability, and medical malpractice cases. He is a longstanding member of the Florida Justice Association and the American Association for Justice and currently sits on the Board of Directors of the Broward County Justice Association.