New Jersey Defective Toys Lawyers
Caring advocacy when manufacturers make toys that harm your child
Parents want their children to be happy and to learn. There are toys that are just fun, toys that help children create, and toys that educate. The companies that make and sell toys should indicate what age children can safely use those toys. Manufacturers should anticipate the ways in which children are likely to use those toys, regardless of what the labels say — and take corresponding precautions. Toy manufacturers bear the burden of designing, making, and testing their products so they’re safe for the children who use them.
If your child was injured while using a toy in a reasonable manner, he or she may have a legitimate claim for damages under New Jersey product liability laws. At Eichen Crutchlow Zaslow, LLP, our personal injury lawyers have been fighting for children and adults who are injured in Edison, Toms River, and Red Bank for more than 30 years. We’ve obtained numerous settlements and verdicts worth millions and hundreds of thousands of dollars – more than a half billion in total. Call us today if a defective toy caused your child harm.
How can we help?
What types of toys are dangerous?
Some of the many different types of toys that have been found to be dangerous include:
- Toys that cause children to choke or suffocate
- Toxic toys including toys that cause lead-paint poisoning and mercury poisoning
- Toys that are not labeled properly. These include toys that fail to properly indicate the age-level that is appropriate for the toy and labels with improper instructions on how to use the toy. Federal law requires that certain toys and games have specific labels. The law applies to balloons, balls, marbles, and other toys and games. The labels should have appropriate cautionary statements.
- Pools and other toys involving submersion in water
- Trampolines
- Sporting equipment
When and why are toys recalled?
Recalls of toys are normally issued by the Consumer Product Safety Commission (CPSC) after there have been complaints of injuries and an investigation by the CPSC. The manufacturer can also issue a recall. A recall states that a specific toy or brand of toy may be dangerous – and that the toy should be returned to the manufacturer. Normally, the manufacturer will offer a refund, a fix to the toy, or a safe alternative.
There is no requirement that the toy that harmed your child be subject to a recall to file a product liability claim. If there is a recall, our New Jersey defective toy lawyers work with the CPSC to help show the toy was defective.
What types of injuries do defective toys cause?
Unfortunately, toys and other children’s products often cause accidental injuries, including:
- Burns from flammable items, batteries, electrical items, and other sources
- Broken bones/fractures from falls from tricycles, bicycles, scooters, and other mobile toys
- Choking on small items
- Strangulation from ropes, cables, and wires
- Skin disorders and infections from exposure to dangerous chemicals
- Lung and other respiratory disorders from exposure to toxins
- Eye injuries from broken glass, liquids, and other objects
- Internal organ damage from ingesting small parts
- Suffocation
- Cuts and lacerations
Many people have heard about toys made overseas which contain lead. However, many people may not know that many other toys that do not appear metallic also contain dangerous amounts of lead.
An example of toy and children’s products recalled in recent years by the CPSC, or the manufacturer includes:
- Jungle Jumparoo Children’s Toys were recalled by the CPSC because the toys’ yellow poles contain levels of lead that exceed the federal lead content ban. Recall date – June 9, 2022.
- Consumer Affairs identified the following recent toy recalls, among many others:
- Huffy recalled its Blue's Clues ride-on toys because the toy can tip forward when a young child is riding it.
- More than two million MamaRoo and RockaRoo infant swings and rockers were recalled because “infants can become tangled in the straps, posing a strangulation hazard.”
- Epoch Everlasting Play recalled its Kidoozie play tents and playhouses because the “fabric playhouses and play tents fail to meet an industry flammability standard.”
- Konges Sløjd A/S recalled its silicone baby toy bear activity toys because the mirror from the toy can dislodge exposing its sharp edges.
- Clek recalls several models of its Olli and Ozzi booster seats because the installation diagram is missing.
Who is responsible if my child is injured by a defective toy in New Jersey?
Manufacturers can be held responsible if their toys caused your child’s injuries or the tragic death of your child. A claim that a toy harmed your child is called a product liability claim. There are three types of product liability claims.
- Strict liability claims. Our New Jersey defective toy lawyers often work with the CPSC and our own product safety experts to show that the manufacturer should be held strictly liable if the following conditions apply:
- The toy was defective when it was used.
- The defect was the proximate cause of your child’s injuries or death.
- The defect was due to improper design of the toy, poor workmanship such as using sub-quality parts, the instructions/labels were unclear, or the warnings about the dangers of using the toy were missing or improper.
- Negligence claims. This claim asserts that the manufacturer breached its duty to take reasonable steps to ensure that the toy would be safe for use. Reasonable steps are generally the safety precautions other manufacturers of similar toys would take – such as testing the product before selling it.
- Breach of warranty claims. Manufacturers often give express warranties about the quality of their toys. Toy makers also give implied warranties that their products are safe for their intended use. Our New Jersey defective toy lawyers work to show the manufacturer breached these warranties.
Any company in the supply chain may be liable in a product liability case – including manufacturers, distributors, and sellers.
Other people may also be liable if they failed to monitor your child’s use of the toy. Schools, social organizations for children, daycare centers, and other organizations and people that failed to properly supervise your child – when you entrusted your child to them – may also be liable for harm caused to your child by a defective toy.
How much is my defective toy claim worth in New Jersey?
If your child has shown symptoms of lead poisoning after exposure to toys or children’s products such as these, talk to a product liability attorney at Eichen Crutchlow Zaslow, LLP. Likewise, contact our New Jersey product liability law firm if your child choked, was burned, or suffered an amputated finger or toe while playing with a dangerous toy.
Whether or not the toy in question had been recalled, we can advise you as to how to pursue compensation on behalf of your child to cover medical expenses, your child’s pain and suffering, loss of function of a body part, and other losses.
Do you have a defective toy lawyer near me?
Our New Jersey defective toy attorneys meet parents and children at our offices located in:
- Edison, NJ at 40 Ethel Road and
- Toms River, NJ at 563 Lakehurst Road
We do meet families away from the office when a client is ill or immobile. We also arrange phone and video conferences.
We understand learning your child’s future has been jeopardized, and that your child is in pain. We’ll answer all your questions. We understand how to talk quietly to children while also getting them to discuss what’s hurting them, and what happened when they used their toys.
Speak with our dangerous or toxic toy child injury lawyer today
From offices in Edison, Toms River, and Red Bank, our lawyers advise and represent children and parents about personal injury and wrongful death claims. We’ll guide you through the claims process. Many personal injury claims do settle. Judges do try to keep children out of the courtroom. When necessary, we have the experience to try your child’s claim in court. Call Eichen Crutchlow Zaslow, LLP or contact us to schedule a free consultation about your defective toy claim.