Having children is a joy to families. These youngest members of families are a lot of fun, especially in helping them learn and grow. Part of being a kid is having a fun and educational environment that helps you learn about the world around you, grow physically, and expand your mind. Families should not have to worry about kids being harmed by products and toys aimed at helping children do so.
Retailers have a legal duty under product liability law to provide safe goods that will not cause harm or injury to the users. Even though children may not be the ones purchasing the product, they are the foreseeable users and recipients of toys and other children’s goods. This means that companies have a duty to inspect all products for defects, warn of known defects, and remove dangerous products from the marketplace. Where they fail in this regard and do not abide by this standard of care and injury results to a child, they can be held liable in a product liability lawsuit for injuries they have caused.
According to a recent article by CBS News, some sellers have shown higher trends of children’s product recalls than other stores. Data has shown that no company has issued more children’s product recalls in the past five years than Target. Between 2009 and 2014, Target issued 24 recalls of children’s product, which accounted for 4.8 million units. Before issuing the recall, these products caused a total of 106 incidents and 30 injuries. The company that had the second highest number of recalls in that same time frame was Mattel Fisher-Price. Mattel issued 19 recalls, which involved 9.3 million units. In addition, there were reports of 828 incidents involving 130 injuries. One of the major causes of this was the Rock ‘N Play infant sleeper, where there were 600 complaints of mold that resulted in 16 babies needing medical treatment. Overall, six companies were discussed in the article as having the highest number of recalls, the first being Target, followed by Fisher-Price, Dorel Juvenile Group, IKEA, Pottery Barn Kids, and Walmart.
Our attorneys believe that children should always be provided safe toys and products and that parents and guardians should be able to trust and rely that the products they buy for young ones will not cause them harm. Unfortunately, this data shows that this is not always the case and that far too often children are placed in harm’s way and suffer injuries. Our attorneys are adamant about making the consumer marketplace overall safer and preventing injuries and fatalities to children from dangerous products, and we succeed in doing so with setting legal examples and using lawsuits as a vehicle of change. In holding negligent companies and sellers accountable for wrongdoing, the marketplace will overall be safer by removing dangerous products from the stream of commerce and preventing future incidents from occurring.