Product Liability Law Blog

With the opening of the holiday shopping season, it is important that buyers be wary of toys that may be dangerous for kids. Unfortunately, toys that are choking hazards, poking hazards, lead hazards, eye hazards, or pose other kinds of injury hazards continue be found on toy store shelves throughout the US.

While toy manufacturers can be held liable for products liability in the event of injury or death—a matter that an experienced toy defect law firm that handles injuries to children cases can help you with—keeping kids away from certain toys that are already known safety hazards is a good way to prevent injuries.

To help identify toys that may be potentially dangerous for kids, World Against Toys Causing Harm (WATCH) has released its 2009 Worst Toys List:

• Lots to Love Babies “Mini Nursery”: Small, Detachable parts can be choking hazard
• Disney Pixar Wall-E Foam Rocket Launcher: Fast-launching rocket poses possible eye hazard
• Just Kidz Junior Musical Instruments: Drumstick is a choking hazard if toddler puts in his or her mouth
• Moon Board Pogo Board: Can cause impact and head injuries
• CAT “Rugged Mini”: 3” inch long metal spoke can cause puncture wounds
• Curious Baby Curious George Counting – My First Book of Numbers: Metal beads are easy to swallow, causing choking and ingestion injuries
• Pucci Pups Maltese: Dog hair poses aspiration hazard
• The Dark Knight Batman Figure: Sharp, pointy parts can cause injury if toddler falls on them
• Spy Gear Viper Blast: “Darts” can pose eye injury
• X-Men Origins Slashin’ Action Wolverine: Sharp claws are an eye or impact injury hazard.

Last week, the Public Interest Research Group issued its report from its 24th annual “Trouble in Toyland” survey. They named 16 toys they consider either potentially dangerous or that violate current manufacturing standards. Toys were analyzed to determine if they posed a hearing hazard, a choking hazard, or contained toxic levels of phthalates or lead. As of October, the toys could still be found in toy stores:

Phthalates or lead hazards:
• Elmo Lunch Bag by Sassy
• Pretty Princess Puppy Purse by Claire's
• Collector's Series Painted Duck
• Alligator cell phone charm by Claire's
• Big Rex Touch and Feel Cloth Book by Priddy Book

Hearing hazards:
• Bright Lights Phone by Vtech
• Laugh & Learn Learning Phone by Fisher Price
• Kota and Pals Stompers Triceratops by Playskool
• Secret Saturdays Cryptid Claw by Mattel

Choking hazards:
• Worky Work Bench by Nemmer
• Fur Real Baby Bird by Hasbro
• Toy Story Pizza Planet Gift Pack by Mattel
• My First BABY Learn by BABY Born
• an unnamed play food tray by World Market
• Real Wood Shape Sorter Barn by P&C Enterprise
• Creative Wood Stacking Rings by Zaidy Product

New report finds dangerous toys on shelves, Sun-Sentinel, November 24, 2009

2009 "10 Worst Toys" List, WATCH

Related Web Resources:
Trouble in Toyland Survey, Public Interest Research Group

Consumer Product Safety Commission

Continue reading "WATCH and PIRG Unveil "Dangerous" Toys Lists" »

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Posted In: Injuries to Children & Minors , Toys

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According to EMS Magazine, some 475,000 US kids in the 14 and under age group suffer from traumatic brain injuries. While 90% of TBI kid patients are seen in emergency rooms and then released, there are still over 47,000 patients a year who end up hospitalized because of a TBI.

Fall accidents, car accidents, and incidents involving the victim getting hit by or struck against a hard object continue to be the most common causes of traumatic brain injuries in the US. 2,685 children die each year because of TBIs while more than 30,000 kids with TBIs will sustain permanent disabilities.

Our injuries to children and minors lawyers represent the families of babies, toddlers, young children, adolescents, and teenagers who were seriously injured in personal injury accidents. Many of our injuries to minors cases involve children who were injured or killed because of a defective product. Gilbert, Ollanik, & Komyatte, PC is one of the most recognized products liability law firms in the US.

Traumatic brain injuries—whether sustained in a car crash, from a drowning accident, in a fall accident at the playground, because the child car safety seat or seatbelt restraint system was defective, during a suffocation accident that occurred because a crib was defectively designed, or from a choking accident that happened because a child swallowed a defective toy part—can drastically alter the life of the child victim and his or her family forever.

A TBI can result in impaired vision, hearing problems, speech difficulties, muscle spasticity, seizures, paralysis, memory deficiencies, communication problems, impaired writing and reading abilities, impaired judgment, mood swings, anxiety, agitation, depression, and problems relating to others.

A TBI's degree of severity will determine the problems that can result from this type of head injury. In many instances, a child with a TBI will need special services to cope with living with a traumatic brain injury, and the ongoing therapy and medical help can become very costly. There are also other damages that a TBI victim can suffer, including loss of the ability to live a normal life, loss of independence, or the inability to enjoy the normal activities that most kids without a traumatic brain injury get to experience.

If your child’s TBI occurred because a product manufacturer, a premise owner, a car driver, a trucker, a motorcyclist, or another party was negligent or careless, your son or daughter may be entitled to personal injury recovery.

Severe Pediatric Traumatic Brain Injury, EMS Responder

Traumatic Brain Injury, Kidsource.com

Related Web Resources:
Traumatic Brain Injury Information Page, National Institute of Neurological Disorders and Stroke

National Center for Injury Prevention and Control

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Posted In: Catastrophic Injuries , Infant Products , Injuries to Children & Minors , Kids in Cars , Motor Vehicle Safety , Nursery Products , Playground Products , Swimming Pools , Toys , Traumatic Brain Injuries

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In an effort to prevent child injuries, the Consumer Product Safety Commission recently recalled a number of products. Just today, the CPSC, along with Burley Design, LLC, recalled approximately 2,700 2009 d’lite ST and Solo ST Child Trailers.

Fortunately, no injuries have been reported, but the trailer’s internal sleeve on the axle assembly could loosen. If this happens, one of the wheels might separate from the trailer. This could cause the trailer or the bicycle pulling the trailer to tip over. The bicyclist or any children riding in the trailer could get hurt, even sustaining a head injury, cuts, bruises, a back injury, a neck injury, or another type of injury if they are involved in a fall accident. The child or adult could also get hurt in a car accident if the trailer’s wheel were to come off in the street and a motor vehicle were to strike the trailer and/or bike.

Last Thursday, the CPSC announced the recall of some 1.6 million Little Tikes™ Workshops Sets and Trucks. The CPSC and manufacturer Little Tikes are worried that the oversized, plastic nails that come with both products might pose a choking hazard. Already, one child was sent to the hospital for injuries but fortunately made a full recovery.

Another product that is causing the CPSC and its manufacturer, Graco Children’s Products Inc., choking hazard worries is the Jump ‘n Jive™ Doorway Jumper. Some 2,400 jumpers were recalled on August 6. The jumpers come with detachable toys that are attached to the straps of the jumper with hook and loop fabric strips. Because the toys can come off the jumper, there is concern that a baby seated in the jumper might put the toy in his or her mouth, try to swallow it, and choke.

Already, there has been a report of one child taking the fabric strip and putting it in the mouth. Fortunately, the child did not get hurt.

The risk of fall accidents and strangulation injuries played a key role in the CPSC recall of some 200 La Siesta Yayita Baby Hammocks, distributed by Kaplan Early Learning Company, and about 265 Yayita Baby Hammocks, distributed by Nova Natural Toys & Crafts LLC. If the baby hammock flips over while the infant is in it, the infant might fall or get caught in the restraint straps while upside down, risking strangulation. There are no reports of injuries.

If your son or daughter was injured because of a defective toy, defective furniture, defective clothing, a defective nursery product, or another type of faulty product, an experienced products liability law firm can help you file your injuries to children and minor lawsuit. Children are vulnerable and prone to serious injuries to begin with that they don’t need to increase that risk with a defective product.

Our products liability law firm believes it is important to hold the makers of toys and other kids products liable for your child’s injuries or death.

Recall: Burley Design bicycle child trailers, The Oregonian, August 19, 2009

Little Tikes recalls 1.6 million toys, CNNMoney, August 13, 2009

Jump ‘n Jive Doorway Jumpers Recalled by Graco Due to Choking Hazard, CPSC, August 6, 2009

Kaplan baby hammocks recalled, UPI, August 4, 2009

Related Web Resources:
Consumer Product Safety Commission

Child safety, Consumer Reports

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Posted In: Infant Products , Injuries to Children & Minors , Nursery Products , Toys

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The Consumer Product Safety Commission recently recalled a number of kids’ products over choking hazard concerns. Last Thursday, the CPSC recalled approximately 3,700 LeapFrog My Pal Scout Electronic Plush Toy Dogs because the paws’ decals could come off, making the pieces easy for a child to swallow.

So far, LeapFrog Enterprises Inc. has received two reports of children taking the decals off the toys. One child ingested a portion of the decal. The CPSC and LeapFrog are recommending that parents and guardians take My Pal Scout away from kids and get in touch with LeapFrog so that the toymaker can send them a replacement that has embroidered paws.

Also last week, the CPSC, Buster Brown and Co., and Pagoda International Footwear Ltd. recalled approximately 1.4 million Clog and Children’s Shoes. The reason for the recall is that the decorative wheels on the shoes can come off, posing a choking hazard. The shoes involved in the recall are designed to look like cars. 73,000 CARS Fleece Clog Children’s Shoes, also by Buster Brown and Co., were recalled in the US in April also over choking hazard worries.

Earlier in the month, the CPSC and Evenflo Company Inc. recalled about 25,000 Evenflo Switch-A-Roo Telephone Toys because a mirror decal on the toy might peel away and become a possible choking hazard. No injures have been reported, but the CPSC and the manufacturer are recommending that consumers stop using the product right away and remove the mirror decal as soon as possible.

Kids and Choking Hazards
Products that contain any pieces that are potential choking hazards can cause serious injuries to young kids. Choking is a leading cause of accidental deaths for kids younger than age 5.

Toddlers are especially inclined to want to touch, smell, and taste small objects, placing them in their mouths. The problem is that young kids have small airway passages and gastrointestinal tracts, which increases the likelihood that they could choke if they swallow or ingest small, foreign objects.

LeapFrog Recalls Electronic Plush Toys Due to Choking Hazard, CPSC, July 23, 2009

Buster Brown Clogs Recall, Wavy, July 22, 2009

Evenflo Recalls Telephone Toys Due to Choking Hazard, NewsInferno, July 17, 2009

Related Web Resources:
Choking Prevention, American Academy of Pediatrics

CPSC

Continue reading "Choking Hazard Issues Prompts CPSC Recall of Kids’ Products, including LeapFrog Toys and Buster Brown Clogs" »

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Posted In: Infant Products , Injuries to Children & Minors , Nursery Products , Toys

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According to the Centers for Disease Control and Prevention, the leading causes of accidental child injuries and deaths are motor vehicle collisions and fall accidents. From 2001 to 2006, about 8 million child deaths occurred each year due to motor vehicle crashes, bicycle collisions, or pedestrian accidents, while some 2.8 million nonfatal injuries happened as a result of fall accidents. Overall, approximately 55 million teenagers and young children were treated for accidental injuries in US emergency rooms between 2001 and 2006—that's about 9.2 million kids a year.

More CDC findings:
• About 12,175 young people (under age 20) were killed each year in the US because they sustained accidental injuries.
• Motor vehicle crashes continued to be the leading cause of fatalities for kids, ages 5 to 19.
• For young children ages 1 to 4, drowning was a leading cause of death.
• For infants, the leading cause of death was suffocation.
• The leading causes of nonfatal injuries for kids ages 1 to 4 were fall accidents and accidental poisoning.
• About 20 kids are killed every day because of accidental injuries.
• Burn injuries were also a common cause of child injuries.

While there are steps that parents can take to prevent such injuries from happening, it is also important that product manufacturers make goods that are free from defects and are safe for use.

In recent years, there have been too many recalls of too many products because of the potential injuries they could cause to young children. Toys with excessive levels of lead paint, poorly constructed cribs and bassinets that pose a fall hazard or are a suffocation threat, household products that are fire hazards, defectively designed clothing that are a strangulation danger, poorly constructed child safety seats, and dangerous nursery furniture and playground rides, are just some of the millions of toys that the Consumer Product Safety Commission and manufacturers have recalled because a child was (or could get) injured or died.

Product manufacturers must be held liable when their negligence and carelessness leads to serious products liability-related injuries and deaths.

Childhood Injury Report, CDC

Recalls, US Consumer Product Safety Commission

Related Web Resources:
World report on child injury prevention, World Health Organization

Keeping Children Safe from Dangerous Products (PDF)

Continue reading "Motor Vehicle Accidents, Suffocation Injuries, and Fall Accidents Among Leading Causes of Injuries to Children, Says CDC" »

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Posted In: Clothing , Infant Products , Injuries to Children & Minors , Kids in Cars , Nursery Products , Playground Products , Swimming Pools , Toys

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As the holiday season approaches, more shoppers will start to arrive at toy and department stores to buy the latest toys for their sons, daughters, nieces, and nephews. To help parents and other purchase toys that are not only fun to play with but are safe for use, the nonprofit organization World Against Toys Causing Harm Inc. has issued its list of 10 toys that it considers dangerous enough that parents should exercise caution when allowing their kids to play with them.

WATCH'S List of 10 Worst Toys
1) Inflatable Giga Ball: WATCH notes that this inflatable ball (made by Kenscott Ltd.) that kids can crawl into, tumble around, and bounce in could cause potential impact and serious injuries.

2) Sportsman Shotgun: This toy is made by Parris Manufacturing Co. and comes with rubber bullets that could cause eyes injuries.

3) Animal Alley Purse Pet: WATCH is concerned that the hair on these dolls, made by Geoffrey Inc./Toys 'R' Us, can easily be removed and swallowed by kids, potentially causing aspiration and ingestion injuries.

4) Go Go Minis Pullback Vehicle: Made by Kid Galaxy Inc., WATCH is concerned that the toy truck’s back tires might come off and pose a choking hazard.

5) Spider-Man Adjustable Toy Skates: While Street Flyers LLC recommends that kids use knee pads, elbow pads, helmets, and wrist guards to prevent impact injuries, only the pads come with the skates.

6 Walk'n Sounds Digger the Dog: At 14-inches long, the toy’s dog leash is 2 inches longer than the toy industry voluntary 12-inch limit and may cause strangulation or entanglement injuries. This product is made Hasbro/Playskool.

7) Pucci Puppies - My Own Puppy House Golden Retriever: This Battat Inc. toy comes with small parts that could pose a choking hazard to kids.

8) Meadow Mystery Play-a-Sound Book With a Cuddly Pooh: The Disney Pooh’s mask could pose a choking hazard to kids if removed.

9) Extreme Spiral Copters: This slingshot-like toy that could potentially cause eye injuries. Made by Toysmith Group.

10) TMNT Ninja Battle Gear - Michelangelo
Hazard: While Playmates Toys Inc. warns that the toy’s small parts could pose a potential choking hazard, the toy manufacturer fails to warn parents of the potential for blunt impact injuries.

Dangerous and Defective Toys
Despite efforts to remove defective or dangerous toys from the marketplace, many hazardous toys continue to be available for purchase. According to the Consumer Product Safety Commission, there are still many toys available on store shelves that place children at risk for sustaining:

• Choking injuries
• Aspiration injuries
• Burn injuries
• Impact injuries
• Strangulation
• Impalement
• Lacerations
• Puncture wounds
• Lead exposure-related injuries
• Magnet-related internal injuries
• Death

W.A.T.C.H.'s annual list of 10 worst toys, Boston.com

Consumer Product Safety Commission

Related Web Resources:

US PIRG

WATCH

Continue reading "WATCH Issues 2008 List of 10 Worst Toys" »

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Posted In: Injuries to Children & Minors , Toys

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On Thursday, US President Bush signed a consumer safety bill that prohibits lead—except for the smallest levels—in products made for kids 12 years of age and under. The measure, formally called the Consumer Product Safety Improvement Act of 2008, also bans chemical phthalates from children’s products.

The bill, which received overwhelming support in both the US House and Senate, addresses the concern that toys and other kids' products can be dangerous. This worry reached new heights last year when over 45 million children's products, many of them made in China, were recalled. High levels of lead in the paint used on many of the products was one of the reasons for many of the recalls.

The new law will allow for widespread reforms that will force product manufacturers and retailers to exercise greater safety precautions when making and selling products—especially those that are for children. The legislation mandates that infant products and toys undergo testing before they are sold, authorizes the creation of the first public consumer complaint database, increases civil penalties for those that violate Consumer Product Safety Commission laws, and offers protection to whistleblowers.

The CPSC, which came under fire last year over its failure to monitor toys imported into the country from abroad, will have an opportunity to do a more thorough job. The new legislation double’s the CPSC’s budget to $136 million by 2014 and gives it new authorities for supervising testing procedures and punishing violators.

According to the CPSC, over 33 million people sustained injuries last year because of contact with an unsafe product. Some 28,000 million people die each year in the United States alone because of products that are defective or unsafe for use.

Throughout the United States, our children’s products liability law firm represents families whose sons and daughters have been injured or killed because a toy or another product was defective or hazardous. Our defective products lawyers are committed to protecting our clients’ legal rights and making sure that they receive compensation for all damages that they are owed. Our product safety law firm has gone up against some of the largest manufacturers in the world and won.

Bush Signs Consumer Safety Bill, ConsumerAffairs.com, August 14, 2008

Not toying around: Congress OKs bill to ban chemicals in some products, USA Today, August 1, 2008

Related Web Resources:

Consumer Product Safety Improvement Act of 2008, CPSC.gov (PDF)

Recalls

Continue reading "Consumer Safety Bill Bans Lead from Toys " »

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Posted In: Infant Products , Injuries to Children & Minors , Nursery Products , Toys

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This month, a House Energy and Commerce Subcommittee met to examine the way the government handles phthalates and Bisphenol A (BPA), two chemicals that have been used for over half a century on numerous consumer products. Phthalates is often used to soften plastics, and Bisphenol A is often applied when manufacturing shatterproof containers. One issue of concern is whether these chemicals should be banned from children’s products.

BPA can be found in baby toys, baby bottles, pacifiers, food cans, the linings of milk containers, and other products. While the US Food and Drug Administration says that baby bottles made with BPA are safe for use, government scientists are worried about how these two chemical may be affecting babies.

Recent findings in animal experiments link BPA to changes in the brain and hormones, as well as precancerous growths in the breast and prostate. In the US Senate, Democrats recently introduced a bill to ban Bisphenol A in toys and food products.

Phthalates is often found in teething rings, soft baby books, baby bottles, and other kids’ products, such as dolls and rubber ducks. While the US Consumer Product Safety Commission says that use of this softening chemical does not show any health risks, scientists claim phthalates can cause health problems, including reproductive defects and triggering early puberty in girls, which places them at higher risk for liver cancer and breast cancer.

In response to the growing concerns, Wal-Mart, Lego, Toys"R"Us, Gerber, and Evenflo say they will phase out or stop using phthalates in their products. California and Washington have instituted their own phthalate bans, while other states are considering similar bans. Although the US Senate passed a bill to ban phthalates in products made for children and infants, the House of Representatives has yet to discuss this chemical. The European Union and at least 14 other countries have also banned the phthalates.

Our defective toy litigation lawyers represent families whose children were seriously injured because of a defective or dangerous toy. We are a product safety law firm committed to getting injured clients the financial recovery they are owed.

Congress wary of plastics used in toys, bottles, Forbes.com, June 10, 2008

FDA official says baby bottles with bisphenol A safe, AP, June 10, 2008

Related Web Resources:

Toxic Baby Bottles, Environment California

Bisphenol A

Phthalates

Continue reading "US Congress Examines Use of Phthalates and Bisphenol A In Children’s Toys, Bottles, and Thousands of Other Products" »

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Last week, Walt Disney Store announced the recall of 8,000 Tinker Bell wands and 4,100 Pirates of the Caribbean sleeping bags due to excessive levels of lead. Both products were made in China.

The sleeping bags’ zippers contain lead paint. The wands have lead paint on their pearl beads. The Consumer Product Safety Commission says that there have been no reports of injuries related to the products.

The products were sold in Disney Stores from April to October 2007. Consumers are instructed to stop using the products immediately and return them for a full refund.

Disney began independent tests on all of its toys last September after Mattel began recalling millions of toys. Mattel’s recall included 436,000 “Sarge” cars from the Disney-Pixar movie “Cars.” Disney mandates that its toy makers test every toy for lead before shipping them.

Exposure to excessive levels of lead can lead to serious injuries, including seizures, learning disabilities, behavioral challenges, and death. Why, then, were toys even made using such high levels of lead paint?

In China, where many of the toys recalled because of too much lead are made, paint with greater levels of lead are less costly than paint with low lead levels. Using paint with high levels of lead reportedly also results in richer paint colors.

Even though China has a tougher paint standard, at no greater than 90 parts of lead per million, than the US’s standard, which allows up to 600 parts per million, enforcement of lead regulation in China is more relaxed. Many paints in China when tested reportedly exceed the US standard for lead.

Sometimes, there are no signs to indicate exposure to excessive levels of lead. Potential indicators of lead poisoning in children include appetite loss, stomach problems, sleeping difficulties, and problems paying attention.

Our product safety law firm represents children and their families across the United States that have been injured because of defective or dangerous toys. One of our dangerous toy lawyers can explore your legal options with you during your free consultation.

Disney recalls sleeping bags, magic wands over lead paint, MercuryNews.com, May 22, 2008

Why Lead in Toy Paint? It’s Cheaper, NYTimes.com, September 11, 2008

Related Web Resource:

China bans lead paint in toys exported to U.S., MSNBC.com, September 11, 2007

Recalls

Continue reading "Walt Disney Recalls Pirates of the Caribbean Sleeping Bags and Tinker Bell Wands Because of Lead Paint Violations" »

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Excessive levels of lead and choking/swallowing hazards associated with small toy parts and magnetic pieces were the reasons cited for the toy recalls in April. The Consumer Product Safety Commission and several toy manufacturers announced the recall of more than 500,000 toys this month, beginning April 3 with StyleMark Inc.'s recall of 144,000 Children’s ‘Main Street Drag’ Sunglasses because of too much lead in the glasses' orange lettering.

Violations of federal lead paint standards was also the reason cited for OKK Trading's recall of 2,000 Interchange Robot Toys,the FUNTASTIC recall of 26,000 Hillbilly Teeth, and Santa’s Toy Corp.’s recall of approximately 9,000 Western Rider Push Toys. Yesterday, Nintendo recalled 71,000 character-themed lapel pins because they contained high levels of lead.

The toys with small parts that are potential choking hazards included 16,400 Imaginarium Multi-Sided Activity Centers and Jungle Activity Centers (sold only in the US at Toys “R” Us stores), 17,000 Dalmatian Press’s Little Builder Children’s Board Book Sets with Toys, and about 300,000 Cuddly Cousins Plush Insect Toys from Dollar Tree Stores Inc.

Henry Gordy International Inc recalled approximately 87,000 Fun ‘N Games Magnetic Dart Boards over worries that kids might swallow the detachable small magnets at the ends of the darts.

All of these toys were made in China.

Last year's massive wave of toy recalls continue to make defective toys a huge issue of concern for parents, as well as federal and state regulators. In March, the U.S. Senate passed legislation for tougher inspections of toys and other kids’ products that are manufactured abroad. The House of Representatives also passed its own version of the legislation in December. While the Bush Administration has expressed some concerns, President Bush has not threatened a veto.

Our toy products liability law firm represents the families of children that have been seriously injured or killed because of a defective or dangerous toy. Our defective products lawyers represent injury clients throughout the United States.

Senate passes foreign-made toy safety bill, MSNBC.com, March 6, 2008

Related Web Resources:

2008 Product Recall Guide, Parents.com

Recalls, Recalls.gov

Continue reading "Over Half A Million Toys Are Recalled In April Due To Lead Paint, Magnet, and Choking Hazard Concerns" »

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This week, Washington State Governor Christine Gregoire signed into law the Children’s Safe Products Act, which imposes the toughest restrictions yet for lead standards for toys among the U.S. states. The law decreases the legally allowed limit for lead in toys from 90 parts per million to 40 parts per million, which is the limit that the American Academy of Pediatrics recommends. The law goes into effect beginning July 1, 2009.

The current federal limit is 600 parts per million, and many state lawmakers have expressed dismay that the federal government isn’t acting faster to change its lead safety standards.

The lead-related recalls continue. In March, toy recalls involving high levels of lead paint included:

• 130 ring toss games by Educational Insights
• 13,000 Hobby Lobby Stores Camouflage Eggs and Spinning Egg Top Toys
• 5,000 S.U. Wholesale X Force Commander Toy Airplanes and Super Famous Toy Cars and Motorcycles

On March 17, representatives for giant toy manufacturers Mattel and Hasbro met with Governor Gregoire and asked her to reconsider signing the bill into law. Mattel says that half of its Fisher-Price toy line will have to be barred from the state of Washington because the level of lead in its toys exceeds the state’s new limit. A few smaller manufacturers, such as Toysmith and Kaethe Kruse Puppen GmbH, say they will stop shipping toys to Washington altogether.

Michigan and Illinois have also approved new lead safety standard laws, while Maryland, Wisconsin, Connecticut, Minnesota, Massachusetts, Maine, and Vermont are among several other states that are reevaluating their safety regulations so they can regulate mercury, lead, phthalates, and other toxins, such as Arsenic, Selenium, and Barium, in toys. California will begin its ban on phthalates next year.

The Minnesota Safety Council says that there were 202,300 toy-related injuries in 2005. One child getting hurt or killed by a toy is one child too many.

Our products liability law firm represents clients throughout the United States whose children were seriously injured or killed because of a defective toy or another dangerous product.

One of our consumer products safety lawyers would be happy to discuss your case with you.

Washington: Restrictions on Chemicals in Toys, New York Times, April 2, 2008

States Alter Rules of Game On Safety for Toy Makers, The Wall Street Journal, March 25, 2008

Recalled Toys and Children's Products, US PIRG

Toy Injury, Minnesota Safety Council

Related Web Resource:

The Children's Safe Product Act of 2008, Washington Toxic Coalition

Continue reading "U.S. States Impose Their Own Toy Safety Regulations Following Mass Recalls Involving Lead and Other Hazards" »

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In the latest major toy recall, Mega Brands and the U.S. Consumer Product Safety Commission recalled about 2.4 million toys with small magnets because of concerns that the magnet could fall off and seriously injure children if they swallowed or inhaled the small pieces.

Included in the voluntary MEGA Brands recall are 1.3 million MagnaMan Magnetic Toy Figures because the toys have small magnets that can come off. The magnets attach the body parts of each figure together.

While no injuries have been reported so far, the toymaker and the CPSC have reported 25 incidents of the magnet pieces falling off. Toy model numbers affected by the recall are available on the CPSC Web site.

MEGA Brands is also recalling 1.1 million Magtastik and Magnetix Jr. Pre-school Magnetic Toys. There have so far been 19 reported incidents of small magnet pieces falling off the toys.

One 18-month child reportedly put a magnet in his mouth but did not swallow it. A 3-year-old boy needed medical care to remove the magnet that got stuck in his nose.

This is not the first recall for MEGA Brands. In March 2006, MEGA Brands recalled 3.8 million magnetic building sets after four children were seriously injured and another child died because all of them had swallowed small magnet pieces.

In its second magnet toy-related recall since January, Battat Inc. recalled approximately 7,000 more toys with magnets. There have been 16 reports of magnets falling off the building pieces of Battat Magnabild Magnetic Building Toys or Sets.

Magnets can be very dangerous if swallowed or ingested—especially if more than one magnet enters the human body. Intestinal perforations or blocks can occur when two or more magnets come together and can result in serious injuries or deaths.

Our products liability lawyers handle many toy injury cases for children and their families. We are committed to helping you obtain compensation for the harm and trauma that your son or daughter has suffered at the hands of a dangerous or defective toy.

2.4M toys recalled because tiny magnets can fall out, USA Today, March 15, 2008

Battat Recalls Additional Magnetic Construction Sets; Ingested Magnets Pose Aspiration and Intestinal Hazards, CPSC.gov, March 13, 2008

Related Web Resources:

Swallowed Magnets Attract Trouble in Boy's Intestines, ABC News, February 5, 2008

Toy Magnets Attract Sales, and Suits, New York Times, July 15, 2008

Continue reading "MEGA Brands and Battat Recall 2.4 Million China-Made Toys with Magnets " »

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The Toy Industry Association recently announced a new "testing and safety verification system" intended to restore the confidence of U.S. consumers in the safety of the toys that they buy. The new system follows in the wake of last year's mass recalls of some 25 million toys due to hazard and health concerns.

The three key features of this "testing and safety verification system" asks that toy manufacturers:

- Pay more attention to safety when designing toys.
- Make sure that safety concerns are addressed when manufacturing toys.
- Conduct more tests before and after a toy enters the marketplace.

It is important to note, however, that these standards are voluntary, not mandatory. And even new legislation being considered by U.S. lawmakers have their limits.

A bill passed in the House of Representatives last December still fails to make certain tests mandatory, including tests to check for lead content, magnet pieces, or small choking hazard pieces in toys.

The two largest recalls last year involved 4.2 million Aqua Dots beading sets with a coma-inducing chemical that can be swallowed and 7.3 million Polly Pocket dolls with small magnet parts.

It is important to note that the U.S. government and the Consumer Product Safety Commission cannot regulate manufacturers outside the U.S.—over 80% of toys purchased here are made in China. Most of the 25 million toys recalled last year were made in China.

And the recalls keep coming. On Friday, Family Dollar recalled 250,000 Magnetic Dart Boards, because the small magnets at the ends of the darts can come off and are easily swallowed by children.

On February 19, Dumar International USA recalled 64,000 Cinderella 12-Volt Electric Ride-On Vehicles because a short circuit in the battery compartment proved to be a possible fire hazard. Both toys were made in China.

Our consumer product safety law firm would like to talk to you if your child was injured or killed because of a dangerous or hazardous toy. Our products liability attorneys have helped many injured parties and their families recover compensation from liable manufacturers.

Toy safety regulations need steep penalties, Los Angeles Times, February 24, 2008

Recalls,

Related Web Resources:

Toy Industry Association

Toy Safety, U.S.PIRG

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Battat Inc. is recalling 125,000 of its Battat Magnabild Magnetic Building Systems following 16 reported incidents of small magnets falling out of some of the building pieces. Consumers are being asked to take the building kits away from children immediately.

No injuries have been reported in connection to this recall so far, but the danger that small magnets can pose to children who accidentally swallow more than one magnet can be fatal. In the last two years, the U.S. Consumer Product Safety Commission has issued several recalls of over eight million products--many of them toys--due to magnet-related concerns. The problem with making small magnetic pieces available to children is that swallowing more than one magnet can cause serious intestinal and stomach injuries.

Asphyxiation can result. Two magnets drawn to each other in a person’s intestinal walls can lead to blood poisoning and blocks or holes in the intestine. In the event that a child ends up swallowing several magnets, surgery may have to be performed to extricate the magnets. Parts of the intestine may also have to be removed. The injuries caused by swallowing magnetic objects can sometimes be fatal.

Young children and toddlers are especially at risk of magnet-related injuries because they have a tendency to put small objects in their mouths. One boy, a 20-month-old toddler, died from his injuries. There are 33 other reported cases of injuries involving children swallowing magnet. The youngest injury victim was 10-months-old, while the oldest victim was 11.

If your son or daughter was seriously injured because of a toy that is defective or lacked the proper safety measures to ensure that it is safe for kids, you should speak with one of our products liability lawyers right away. Our consumer protection law firm is dedicated to helping injured children and adults obtain personal injury compensation for the harm that was caused to them by a defective or dangerous product.

Physical symptoms to indicate that your child may have swallowed a magnet can include nausea, vomiting, stomach pains, and diarrhea.

What To Do If Your Child Swallows a Magnet:

• Get medical help right away.
• Ask the doctor to check any x-rays to see if more than one magnet was swallowed.
• Contact our product safety law firm to explore your legal options.

Magnets in building kit pose hazard if swallowed, The Morning Call, January 29, 2008

Small Magnets Are Injuring Children; CPSC Releases Stronger Warning to Parents, CPSC, April 19, 2007

Related Web Resources:

Battat Inc.

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It is only the middle of January and already four products have been recalled due to excessive levels of lead. On Tuesday, A.A. of America Inc. recalled 5,400 Toy Wrestler Figures because the product’s surface paint had levels of lead that violated the U.S.’s federal lead paint standard.

Similar concerns were the reason for the recalls last week by Kash N’ Gold Ltd. of 60,000 Tinker Bell Novelty Lamps, which were sold at U.S. appliance and electronic stores last year, and the 1,300 Fish Coin Bank that were given away by the North Carolina Coastal Federal Credit Union. Tricam Industries recalled 15,000 of its metal Toy Wagons on January 3 also because of lead concerns.

Of the more than 20 million toys that the U.S. Product Safety Commission recalled last year—excessive levels of lead was one of the primary concerns. And the toy recalls continue—even as China and Hong Kong take steps to regain consumer confidence.

At the Hong Kong Toys and Games Fair last week, the Hong Kong Trade Development Council's Toys Advisory Committee Chairman Jeffrey Lam stressed that the majority of toys manufactured in the two countries are of the highest level in quality and safety. 75% of the world’s toys are made in Hong Kong and China.

The Toy Wrestler Figures, Coin Fish Banks, and Toy Wagons were manufactured in China, while the Tinker Bell Lamps were made in Hong Kong. Consumers are asked to stop using all products and to keep them away from children.

Lead Poisoning
Exposure to lead can pose serious health risks—especially to children, whose bodies and brains tend to absorb and be affected by lead more easily than adults' bodies. A 6-year-old girl playing with a toy with excessive levels of lead can get very sick after putting her hand in her mouth or inhaling paint chips that have come from the toy. Lead poisoning in children can lead to brain damage, stunted growth, learning disabilities, behavioral problems, and hearing problems.

Adults, however, are not exempt from lead poisoning. Exposure to high levels of lead can cause reproductive problems, digestive disorders, memory problems, high blood pressure, and other health issues.

Lead poisoning happens after the toxic levels that have entered the body start to build up. While some symptoms occur right away, others may develop over time.

If your child is a victim of lead poisoning because of exposure to high levels of lead from a toy or any other product, you should contact our products liability law firm immediately. You may be entitled to receive personal injury compensation.

Asia toy producers focus on safety, UPI Asia Online, January 14, 2008

Toymakers, buyers rebuild trust after China safety scares, AFP, January 13, 2008

Consumer Products, Recalls.gov

Lead in Paint, Dust, and Soil, U.S. Environmental Protection Agency

Related Web Resources:
Toys and Childhood Lead Exposure, CDC.gov

Lead Poisoning, NSC.org

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Shopping for children’s toys has created a safety nightmare for parents where there used to be none because of the recent recalls on toys containing high levels of lead, GHB, and candy-like magnetic pieces that when swallowed, can cause choking hazards or serious, if not fatal, intestinal injuries. The toys at highest risk seem to be those made in China.

As the holiday season wraps up, the U.S. Consumer Product Safety Commission has posted over 700 Toy Hazard Recalls leading many parents to worry about the where the toy is made and what it is made of. “Anytime a company brings a banned hazardous product into the US marketplace, especially one intended for children, it is unacceptable,” said Nancy Nord, acting chair of the CPSC.

Serious injuries, including one fatality, have occurred as a result of children swallowing tiny magnets that fall out of Magnetix toy pieces. Parents Magazine reported that “Spin Master recalled about 4.2 million of its Aqua Dots beads after discovering that the beads' coating may contain a chemical that becomes toxic when ingested. Children who swallow the beads can develop respiratory depression, become comatose, or have seizures.”

Carter Keithley, President of the Toy Industry Association “Safety is and always has been the number one priority of the U.S. toy industry. For this holiday season, toy manufacturers and retailers are re-doubling their efforts. They are testing and retesting toys in order to reassure consumers in the safety of their products. As a result, there is more attention and scrutiny being applied to the toys sold in America than ever before.”

The toy industry has long-held the confidence of parents to develop and produce items that bring happiness and education to children. Product recalls affect a parent’s purchase; corporate profitability is suffering. In 2007, Fisher-Price recalled close to 1 million toys, including Big Bird and Elmo, because of high levels of lead paint in the products.

Sen. Dick Durbin, IL (D) introduced a bill to dramatically expand the product safety commission’s ability to protect consumers and to provide better safety standards for imported products.

Recent NY survey shows some recalled toys still on store shelves. What can you do to protect your children? Be a conscientious consumer. Look for posted recalls in the stores where you shop. Search the internet for recall information. Examine the toys before giving them to your children. Instruct your children on the proper and intended us of the toy. Read the labels on toys and take the age recommendations seriously.

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