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Toy Recalls: Have you Checked your Child’s Gifts?

by ShelbyW on January 8, 2013

Every year there are at least 10,000 units impacted by toy recalls, and this can cause massive issues if you are not careful. According to the Consumer Product Safety Commission (CPSC), only 34 toys were recalled in 2011, but this still caused well over 10,000 units to be considered unsafe. Although stores are supposed to stay up to date on the latest recalls, there is always the possibility that a human error will cause a recalled toy to remain on the shelf. It is also important to consider that discount retailers might not be as vigilant as standard retail establishments.

How can I keep My Child Safe?

Instead of simply relying on stores to inform you about any applicable toy recalls, you should take the time to review the toy recall list on the CPSC website on a regular basis. This becomes especially important around the holidays and your child’s birthday because a lot of people will make their purchases a month or more in advance, and this might cause them to give your child a gift that has been recalled in the interim. After researching cases from a Reading injury attorney in Pennsylvania, it became apparent that you should also remain aware of the toy recall list so that you do not inadvertently purchase an unsafe toy from a second-hand shop or a garage sale.

Dealing with a Recalled Toy

If your child receives a toy that has been recalled, you should follow the directions that are listed on the CPSC’s website. Keep in mind that not all recalls are handled in the same manner, so you should check the instructions that are listed on that toy’s specific recall page. If a lot of time has passed, however, you might find yourself dealing with an uncooperative store. In this instance, you should contact the manufacturer directly and inform them about the issue. If no one is willing to help you, you can contact the CPSC to let them know that you are being denied the opportunity to return a recalled toy.

What should I do if My Child is Injured by a Toy?

If your child receives an injury from a toy, it is always in your best interests to contact the manufacturer, the store where the toy was purchased and the CPSC. It is also a good idea to contact an attorney, especially if you encounter difficulty with the toy’s manufacturer or if your child’s injury is serious. There are attorneys available who specialize in product liability lawsuits, and they will be well prepared to handle your case.

Proving Liability

It will be necessary for you to prove that the manufacturer is liable for your child’s injury. Because of this, you should keep the toy in a safe place until you have your day in court. By providing the faulty toy for the court along with a statement from your doctor, you should be able to prove that the toy was responsible for your child’s injury. This will be a much easier process if the toy is recalled before your court case begins, but even if it is not, your lawyer should be able to help you convince the judge or jury that the toy is dangerous.

Even if you buy the toy after a toy recall has been issued, you still might be able to file a successful lawsuit. However, keep in mind that it is your responsibility as both a parent and a consumer to keep an eye on product recall lists.

Shelby Warden is a legal researcher that pays particular attention to laws that protect children. The Pennsylvania Reading injury attorney group of McMahon, McMahon & Lentz has successfully represented seriously injured clients in thousands of claims. If your child is injured because of a toy, they will help you recover the full compensation you deserve.

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