Children’s Toys And Safety Hazards: When Playtime Becomes Dangerous

As a parent, you rely on toys to do many things for your kids: teach, entertain, comfort, increase senses, foster imagination, and more. But parents also rely on children’s toys to be safe. Unfortunately, there are times when they become safety hazards and playtime becomes dangerous for little ones. When this happens, the first thing to do is seek medical treatment for the child. The second thing that can be helpful is to consult with an experienced New Hampshire child product liability attorney at Friedman & Bresaw, PLLC to learn more about the legal rights and options you may have for holding the product manufacturer or other liable parties responsible. Call (603) 707-4800 to schedule your consultation. 

The Threat Defective Toys Pose

Generally, children’s toys are safe. Designed with the children who will be playing with them in mind, most toy designers and manufacturers go to great lengths to ensure that their products will be safe for playtime, whether the child is an infant or nearly a teenager. Unfortunately, sometimes even with the best of intentions, a toy falls short of the safety mark and becomes a threat to children instead. Recognizing the ways that toys can be safety hazards and the injuries those hazards can cause is essential for parents to be able to confidently choose safe toys and let their children play freely. 

How Toys Turn Into Safety Hazards

Most toys are designed and manufactured with safe designs and materials. Sometimes, a design flaw may not be readily apparent, or a problem during manufacturing may turn a safe design into a serious threat to a child. Some of the safety hazards that may occur include: 

• Parts that are loose and small
• Long cords
• Small batteries
• Magnets
• Sharp edges
• Exposed wires
• Hot components
• Fire or explosion hazards
• Lead paint or other toxic materials
• Missing parts, such as a battery compartment cover
• Falls, such as on a slide or a bicycle

Understanding how these defects can lead to injuries for children may reveal the basis for a product liability case. 

The Injuries Children Can Suffer

When toys have dangerous parts, such as long cords, sharp edges, or exposed wires, they pose a threat to children’s physical safety. Depending on the type of toy and its intended use, children may suffer the following injuries from defective toys: 

• Broken bones
• Bruises
• Burns 
• Chemical burns
• Choking 
• Cuts
• Internal bleeding
• Internal organ damage
• Punctures 
• Strangulation 
• Suffocation 
• Toxic exposure

These injuries may not only impact the physical health of the child, but could also lead to psychological trauma and emotional pain.

The Special Hidden Dangers of Lead

While the most common exposure for children to lead comes from lead paint in older homes, they can also be exposed through toy jewelry, imported toys, and antique toys. Lead is a particularly dangerous hazard because even very low levels of lead can create significant health problems for children, and it is not necessarily a visual problem. Many parents may not even know that their child is being exposed to lead until their child is tested for lead exposure. 

Potential complications from lead include: 

• Brain, kidney, and nervous system damage
• Lower IQ
• ADHD and other behavior concerns
• Learning, growth, speech, and development delays
• Hearing loss
• Underperforming in school
• Struggles with paying attention
• Death

The New Hampshire Department of Health and Human Services indicates that fetuses in the womb and children six years old and younger are at risk of serious and permanent effects on their developing brains and physical development.

What Makes a Toy Defective?

Toys are typically designed to be safe. However, sometimes something is missed in quality control or other reviews of a product before it is manufactured and distributed for children to play with. There are four ways a toy can be defective: design, manufacturing, labeling, and age. These defects come to be in the following ways:

• Design: The product’s design is dangerous or flawed. This product is defective before it is even manufactured.
• Manufacturing: An error during the product’s production causes it to deviate from the intended design, making it different from other products in the same line, despite having an overall sound design. 
• Labeling: The product packaging does not provide the required instructions, safety warnings, or other proper handling instructions. This leaves parents and children guessing how to use the toy and leads to injuries.
• Age: Hand-me-down toys that once belonged to the child’s parents, aunts, uncles, or other older or now-grown relatives or friends can be defective due to their age. They may contain materials that are no longer used, be so worn that they are prone to breakage, or have been recalled at some time in the past.

How to Avoid Safety Hazards and Keep Playtime Safe

Keeping playtime safe is a priority for parents, and avoiding defective toys is the first and most important step. Fortunately, there are several things parents can do to ensure their children’s safety when playing with toys:

• Read Labels: Toy labels provide information about how to use the toy, safety information, and the age groups the toy is safe for. Reading these labels and ensuring the toys purchased are appropriate for the child is critical to avoiding injuries.
• Look for “UL Approved”: Any electric toys should be marked “UL approved.” This indicates they were tested by Underwriters Laboratories, an independent safety science company, and the toys meet certain safety requirements. 
• Avoid Long Cords and Strings: Long cords or strings on toys can be strangulation hazards. Choose toys with short cords and strings or none at all. 
• Inspect Toys for Solid Construction: Look for toys made of sturdy materials, not thin plastic that can break easily, leaving sharp edges behind. Make sure fasteners such as screws and nails are firmly seated and not easily removed, and that paint does not scrape off easily. 
• Avoid Loud Toys: If a toy seems loud to a parent, it will be too loud for their child, especially if they hold it up to their ear, as many do. Loud toys can damage a child’s hearing. Look for quiet toys or toys with adjustable volumes that parents can control. 
• Skip Hobby Kits and Chemistry Sets: The American Academy of Pediatrics recommends not purchasing hobby kits or chemistry sets for children under age twelve. These kits and sets may contain dangerous chemicals (such as glue or resin in hobby kits or borax in chemistry sets) that can cause fires, explosions, or chemical burns. For children twelve and older, ensure they understand how to safely use such kits and sets and not to leave them within reach of smaller children. 
• Check Toy Sizes: Small toys and toys with removable small parts can be a choking hazard, especially for babies and toddlers who frequently put things in their mouths. Check toys and their removable parts to ensure that nothing is smaller than 1.25 inches in diameter and 2.25 inches in length to avoid them being swallowed. If it fits into a toilet paper roll, it is too small.
• Inspect Battery Cases: Toys that require batteries should have secure battery cases that do not allow the child to access the batteries. Look for cases that have screws holding them closed, self-locking hinges that require two independent movements to open them, or cases that use a coin or flathead screwdriver to open. 
• Seek Unbreakable Baby and Toddler Toys: Babies and toddlers put everything in their mouths. Look for toys that are unbreakable and can withstand chewing. Thick plastic, one-piece construction, and rounded corners are all features to consider. 
• Regularly Examine Toys: Even the most carefully produced and safe toys can become a hazard over time. Screws loosen, seams rip, and other parts can break from months or years of use. Regularly examine toys to ensure they are still in good condition and look for broken parts, rust, splinters, broken seams, or exposed removable parts that might pose a danger. Repair or throw away any toys that are broken, damaged, or otherwise unsafe.
• Store Outdoor Toys Properly: Outdoor toys are typically made to withstand the elements to a degree, but leaving them constantly exposed can weaken the materials and make them dangerous. When toys are not in use, store them in a shed, garage, or other indoor space to keep them out of damaging rain, snow, and sun. 
• Avoid Shooting Toys: Toys that shoot objects into the air can be very dangerous. From eye injuries to cuts and bruises, projectiles from shooting toys can cause mild to severe injuries, even when the projectiles are made of seemingly soft materials such as styrofoam. 
• Check Product Packaging: When purchasing toys online, parents rely on the information regarding age ratings and safety that the website provides to guide them. However, it is crucial to check the product packaging once the toys arrive to ensure that the website information was not incorrect or misleading. If the product packaging and the website information do not match, parents should use the information on the product packaging to guide them. Parents may have a claim against both a manufacturer and product seller if the information provided on a website and on the product packaging does not match, and an experienced product liability attorney with Friedman & Bresaw, PLLC, may be able to guide them through such a claim. 

Additionally, parents may use caution when accepting old or vintage toys. Grandparents and other loved ones often hold onto old toys, cribs, clothes, and other items to give to their future grandchildren. While parents may love the idea of their child playing with a toy they once played with, they should use caution when accepting these toys. Depending on their age, these toys may contain toxic materials, small parts, or other hazards. Additionally, these toys may have been recalled, and neither the parent nor the person giving it to them is aware. Parents should check for recalls and look for as much information as they can before accepting older or vintage toys. 

Specific Toy Trends that May Pose Safety Hazards

While any toy has the potential to be defective due to design, manufacturing, or labeling defects, there are some toys in particular that often pose a threat to children. These toys can be trending toys that children are begging for, and parents are tempted to give in and purchase them. However, the dangers must be considered before purchasing these types of toys:

• Sound: Toys with sound can be too loud and damage a child’s hearing, particularly toys with sounds like fire trucks or police sirens. Parents can remove the batteries or look for a switch to turn the sound down or off.
• Slime: Slime may contain high levels of boron, which can be toxic. Look for or make a safer alternative to slime without borax, or monitor children when using slime. 
• Fidget Spinners: Though often given to children as toys, fidget spinners are not legally considered toys. Therefore, they are not subject to the same safety standards and may contain high levels of lead, choking hazards, and other hidden dangers. 
• Toys That “Hatch”: The break-apart packaging of these toys can create choking hazards. If children are given these types of toys, parents should monitor them while they are being broken and dispose of the pieces immediately. 
• Makeup: Makeup is not typically meant for or marketed to children, but those that are may contain asbestos or talc. 

What to Do If Your Child Is Injured By a Defective Toy

When a child is injured by a defective toy, the parents’ primary concern is getting their child medical help. Once they know their child’s condition, they may turn their attention to filing a claim against the manufacturer, designer, or seller of the toy that caused the injury. However, to file a product liability claim, a type of personal injury claim, there are a few steps they should take to ensure their claim is preserved. 

Seek Medical Attention

Like any accident involving injuries, parents should seek immediate medical attention when their child has been injured by a defective toy. Even if the injury is minor or there are no visible signs of injury (for example, if the child swallowed a screw but seems to be fine), having the child seen by a medical professional ensures that the injury is documented and treated, as necessary.

While some injuries, such as lacerations or bruises, may be handled by an urgent care or the child’s primary doctor, other injuries may require emergency care. Parents should take their child to the emergency room if they have swallowed a battery, magnet, or sharp or pointy object (such as a screw or broken piece of plastic or metal). They should also go to the emergency room if the child choked on a toy or toy part (even if the object the child choked on has been expelled), and for broken bones, bleeding that will not stop, or head or eye injuries.

Preserve the Toy in Post-Accident Condition

If parents want to file a claim for a defective toy, the toy in question will be key evidence. Therefore, parents need to preserve the toy in its post-accident condition. This will allow the liable parties, their insurance companies, or a court to see the hazards the toy presents compared to the same non-defective toy. If the toy is in multiple pieces, keep all the pieces to show what the hazard is and how it became a hazard. For example, if the toy should have had a battery compartment cover but did not come with one. If a missing piece is the defect, parents may want to speak with an attorney to learn how to document this. 

Document the Circumstances of the Incident

Over time, small but critical details may be forgotten or misremembered. Parents should document the circumstances of the incident to ensure they do not forget or misremember what happened. They should include details such as the date and time of the incident, where the child was playing, how they were playing with the toy, and how the injury occurred. Even if they are not sure if they are relevant, parents should include details such as the weather (if the child was playing outside), how long the child had had the toy, and how often they played with it. 

They should also include medical reports and bills, witness statements, and contact information. Parents should also include details of any subsequent developments, such as if the child developed an infection or a bone did not heal properly and required surgery. This information helps with showing liability, as well as the trauma and frustration of the injury and the expenses involved in treating that injury. 

Consider Contacting an Experienced Defective Child Product Lawyer

While the law does not require parents to hire an attorney to file a product liability claim for defective toys, many parents do not have the legal knowledge to do so. Additionally, most parents do not have the time to deal with everything involved in such a claim, while also raising children, working, and taking care of their home. An experienced New Hampshire defective child product lawyer can handle the paperwork involved in a claim, as well as track deadlines, negotiate settlements, and, if it becomes necessary, represent parents and their children in court. 

How a Defective Product Attorney Can Assist You

The last thing a parent expects when they give their child a toy to play with is for that toy to cause their child harm. Yet, every day, a defective product manages to make its way to market and creates significant safety hazards. When playtime becomes dangerous, parents can take action against the toy designer, manufacturer, or seller. An experienced New Hampshire defective product attorney may be able to assist you by identifying who the liable parties are, gathering evidence, tracking deadlines, and negotiating settlements. Schedule a consultation with Friedman & Bresaw, PLLC, by calling (603) 707-4800 and learn more about how we may be able to guide you through this difficult situation.