Cincinnati, Ohio Product Liability Attorney and Child Injury Lawyer reviewing dangerous and defective children’s products on the market, and representing plaintiffs in child injury lawsuits nationwide
Each year in the United States, hundreds of defective children’s products injure babies and children, and child product recalls are initiated. For many consumers, the recalls come too late, and only after serious accidents and injuries have occurred.
The Consumer Protection Safety Commission (CPSC) is tasked with regulating new products on the market, many of which are designed for children and babies. The safety agency works closely with manufacturers and issues safety recalls when injuries and accidents are reported.
The CPSC, however, can only act after the fact in many cases, and although they have been criticized for not preventing numerous accidents related to defective children’s products, the onus is on the manufacturer of child products to produce and market safe products for American consumers.
A product may be defective if any of the following statements are true:
- The product has a dangerous design
- The product is toxic
- The product does not function as intended or advertised
- The product is missing safety components
- The product has been made with cheap, inferior materials
- The product is poorly constructed or assembled
- The product has hidden or unreadable warning labels and instructions
Joe Lyon is an experienced consumer protection, child injury lawyer and product liability attorney investigating accidents and injuries related to defective children’s products on the market.
Child & Infant Product Accidents
Parents buy children’s products, and have an expectation that the product has been properly tested and is safe for using as intended. But that is not always the case.
In fact, many child and infant products present dangers to young boys and girls. Anything from defective cribs, infant carriers, strollers and window blinds have been implicated in child injury lawsuits and defective children’s products settlements.
Child product recalls are generally only initiated after serious injuries or deaths have occurred, leaving child protection issues in the hands of consumers. Where manufacturers will often say their products are safe if used as intended, many parents report serious safety issues and child injury hazards.
As with many consumer products in the competitive market, testing can be overlooked in favor of putting a product to market as soon as possible. Safety tests may be loose or non-existent, hiding defects and safety risks. The Lyon Firm has worked with industry experts in determining when a manufacturer is liable for releasing defective children’s products.
Proper and readable manuals, warnings and instructions are an important part of creating a safe child environment. Insufficient warning labels have plagued child product manufacturers for many years. Without sufficient warnings, consumers and children are put at risk.
Defective Children’s Products & Lawsuits
A wide range of defective products hit the shelves each year, and consumers are inundated with safety notices and recalls, some of which go unnoticed until a serious accident occurs. Children face severe injury risks, including the following:
- Strangulation & Choking
- Head and Neck Injury
- Playground Injury
- Toxic Exposure
- burn accident
Choking & Strangulation Hazards
Choking and strangulation hazards are some of the leading causes of child injury and death related to defective children’s products. Objects like balloons, small balls, magnets, marbles, detachable toy parts and art supplies present a serious danger.
Because many children place objects in their mouth, the CPSC has passed the Child Safety Protection Act which bans products with small parts for children under the age of three. Child product and toy companies are meant to test their products against the safety standard to determine any strangulation or choking hazard. Warnings are required if there is any doubt of safety.
Children are at risk of strangulation by cords, strings or ropes. Window blind cords, for example, are a severe child hazard. Breathing difficulties and asphyxiation can result in a short amount of time. Playground equipment and other furniture can present other chocking and strangulation risks.
Child Product Defects & Injury Lawsuits
In years past, recalls have been issued for many defective children’s products after injuries and accidents are reported. For consumers and plaintiffs who have suffered, legal action may be the best option to protect children into the future and help compensate for the damages caused by defective products like the following:
- Defective Child Car Seats
- Window Blinds
- Defective Strollers
- Dangerous Toys
- Defective Sleepers
- Defective Furniture
- Defective Helmets
- Toxic School Supplies
- Potty Training Products
- Talcum Powder
Toxic Toys & Lead Poisoning
Lead toxicity can result from a child placing a contaminated product in their mouth. Very young kids and infants are usually the most vulnerable to oral poisoning accidents. Children can exposed to a large dose of lead, or through long-term exposure. Lead can accumulate in the blood over a period of months to years.
Symptoms of lead toxicity may be mild, and can appear long after initial toxic exposure. Lead injuries all depend on the level and duration of exposure and ingestion. According to the U.S. Centers for Disease Control and Prevention (CDC), around 250,000 children in the U.S. under the age of 5 years old have elevated levels of lead in their system.
Toxic ingestion is a rather common issue for young kids, and even parents are unaware sometimes that child products could contain dangerous chemicals. Lead poisoning is still a problem, even though it is thought to be an age-old safety hazard. Many toys are recalled in the U.S., generally when toys manufactured outside the country are not tested before they are sold to the public.
Other hazardous chemicals may be in child products, and can cause adverse health effects. Some toxins are added to plastics in toys and other infant products. Plastic products that have contained chemicals include teething rings and pacifiers, rattlers and other toys. Children will often place any object in their mouth, whether intended or not, and it is crucial that children’s products are free of toxins.
Common types of children’s product defects can include:
- Flammable clothing
- Faulty electronics
- Sharp toys and laceration risks
- Strings or rope, or strangulation risks
- Top-heavy and defective furniture
- Product containing toxins
Child Accident Prevention
It is always a priority to keep kids safe by all means. It is prudent to follow CPSC child product recall lists, and make sure you do not already own defective children’s products. It is important to try to remember the following in order to minimize the risk of child injuries:
- Buy only flame-resistant child fabrics
- Monitor toy recalls
- Look out for toys with small, detachable parts
- Look for sharp edges
- Read child product manuals and instructions carefully
- Buy all non-toxic paints and art supplies
- Follow age restrictions and warnings
- Never leave children unattended
- Report any unsafe child products to the CPSC
Infant Carrier Recall
A parent’s biggest fear may become a reality when their child is injured. Child injuries, however, can happen through no fault of the caretakers when a defective product fails to provide security. This is the case with many child products, namely defective baby carriers and other recalled consumer products.
Last year, thousands of defective baby carriers were recalled due to design and manufacturing defects, endangering children across the country. When manufacturers manufacture and distribute defective products, they may be liable for any injury and damage the product may cause. Baby products should be vigorously tested before they are sold to the public, though that is not always the case.
One notable 2018 baby carrier recall involved the LÍLLÉ Baby Active Series product, which were designed to be worn by the caretaker with the baby strapped into either the front or back position. The specific model of recalled baby carriers are the Active Series-Pro 6 in 1 in Space Dye Cobalt and Space Dye Grey.
The carriers present a safety hazard because the sliding chest-clip strap can detach from the shoulder strap, posing a fall and injury hazard. The recall was initiated in November 2018 and around 6,600 units were recalled.
An additional carrier recall involves the Eddie Bauer fabric infant carriers, which were recalled in October 2018. The First Adventure carriers posed a fall hazard as the buckles could break. Around 22,000 Eddie Bauer fabric infant carriers were recalled. There were at least eight reported incidents of broken buckles.
Child Injury Lawsuits
Trips to the emergency room following an infant or child injury is every parent’s worst nightmare. And it happens far too often. Children swallow detachable toy parts, cut themselves on sharp toys, fall from bassinets and strollers, and injure themselves on defective furniture.
Each year thousands of children are hospitalized for injury related to defective toys, car seats, or unsafe child products. The Lyon Firm can assist in seeking compensation to pay for medical bills and other damages.
Determining the root cause of injury and strict liability in product liability and personal injury lawsuit can be difficult. The manufacturer may be responsible for injury, as can retailers and distributors of dangerous products. Taking legal action will require an experienced attorney and counsel that is determined to protect the safety of America’s children.
Children’s Product Recalls
- Ikea recalled 37,000 Calypso lamps because the glass shade can detach and fall, posing impact and laceration hazards. Ikea recalled millions of dresser accident, posing tip-over risks.
- CFMOTO recalled 5,300 all-terrain off-highway vehicles because the fuel hose can crack, causing fuel to leak and pose a fire hazard
- Provata Health recalled 30,000 wristband activity trackers which can overheat during use and pose a burn hazard
- Weeplay Kids recalled 2,500 children’s coveralls from the Ellen DeGeneres collection because the bunny applique can detach and pose a choking hazard
- Cost Plus World Market recalled 2,300 Hartley flip daybeds because the bottom cushion fails to meet the federal flammability standard for mattresses, posing a fire hazard
- Rust-Oleum recalled 1,800 Black Satin Countertop Coating because the coating contains levels of lead that exceed the federal lead paint ban, posing a serious health risk
- Core Health & Fitness recalled 3,500 StairMaster Stepmill machines because the steps can accelerate rapidly without prompting from the user, posing a fall hazard
- BSN SPORTS recalled over 31,000 Rubber Critter Toys because the toys’ surface paint contains levels of lead that exceed the federal lead paint ban, posing a serious health risk
- Cybex recalled 15,000 Smith Press plate-loaded weight lifting equipment units because the weight bar can fall, posing serious injury hazards
- Polaris recalled 1,300 2018 RZR XP Turbo S Recreational Off-Highway Vehicles because, in the event of a high-speed rollover, the vehicle’s rollover protection structure can fracture, posing a serious injury hazard
- American Landmaster recalled 1,500 2018 Landstar, Crossroad and Trailwagon off-road utility vehicles, because the gas can leak from the vehicle’s gas tank, posing fire and burn hazards
- Vornado Air reannounced the recall of 350,000 VH101 Personal Vortex electric space heaters because the heater can overheat when in use, posing fire and burn hazards
- Polaris recalled almost 6,000 ACE 150 and Ranger 150 recreational off-highway vehicles because the front suspension lower ball joint can separate over time, posing a crash hazard
- Xtava recalled 235,000 Allure hair dryers because the dryer and power cord can overheat and catch fire, posing fire, burn and shock hazards
- Rena Ware recalled 700 Nutrex pressure cookers because they can discharge steam at lower pressures than intended, posing a burn hazard
- Britax Strollers have been targeted in design defect lawsuits in recent years.
- Fisher-Price Rock ‘N Play Sleepers have not been recalled but may be linked to several infant deaths.
If a loved one has suffered an injury due to a defective children’s product, and you have questions about the legal remedies available to improve quality of life and medical care, contact The Lyon Firm at (800) 513-2403. You will speak directly with Mr. Lyon, a child injury lawyer, and he will help you answer critical questions.