Articles Posted in Toys

Published on:

While children are young and still learning about the world around them, their adult parents and guardians must look after their well-being and teach them safe habits. It is common for a parent to teach their child important safety lesson such as to stay away from the stove to avoid being burned from the hot surface, to not run by a pool for risk of falling and being hurt, or not to put certain toys and other objects near their mouth or eyes for risk of choking or poking their eyes. However, sometimes these warnings may fall on deaf ears and children are young and cannot appreciate the severity of dangers around them, or like other humans, learn from experiences.

This is common knowledge to most everyone that children learn by physically, visually, and tactilely experiencing their environment. With this knowledge, manufacturers of toys, clothes, and other products are aware of children’s common behaviors, such as putting objects in their mouths. By having this knowledge, companies have a legal duty to not manufacture products for children that could cause them harm through their everyday behaviors and habits. When companies fail to take measures to protect children, and children are injured as a result of this neglect to properly manufacture a product accordingly, the company can be held liable in a product liability lawsuit.

According to recent news by the Columbus CEO, Maxfield & Oberton Holdings, the maker of Buckyballs, has been ordered by the Consumer Product Safety Commission to recall their product. This is following a two-year effort to get Buckyballs off of the market. For those unfamiliar with Buckyballs, they are sets of tiny yet powerful magnetic sticking balls. The commission argues that the high-powered magnets pose an ingestion hazard to children. Because the balls are significantly stronger than most magnets, they could pose a greater danger if they are swallowed.
Continue reading

Published on:

It’s every parent’s worst nightmare, having your baby severely injured while playing. That’s exactly what happened to a couple who is now seeking justice for their injured baby who was playing on a John Deere Turf Tractor riding toy when it unexpectedly caught fire, causing him to suffer severe burns. The child was only two years old at the time, and sadly turned three while still in the hospital, recovering from his traumatic injuries.

The parents filed a federal products liability lawsuit recently against the toy manufacturer, alleging that the toy was defective in its design, had inadequate warnings or instructions, and did not conform to the company’s own representations that the toy was safe and suitable for use by young children. Additionally, the lawsuit seeks damages for the parents as well, who were also burned while trying to put out the fire. Finally, the parents assert that the manufacturer of the toy, Peg Perego U.S.A., showed a flagrant disregard for the safety of those who may be harmed by the product, entitling the parents to punitive damages. Punitive damages are a special kind of damages that are intended to reform or to deter the defendant from engaging in similar conduct in the future. Punitive damages seek to deter defendants by forcing them to pay extra for their mistakes.

The toddler was in the hospital for over two months recovering from his burns, and continues to struggle with his recovery. Product liability lawsuits like the one filed by this little boy’s parents are imperative to ensure that toys continue to be kept safe for all that use them. Inevitably, accidents will happen, however accidents that permanently burn an innocent two-year-old toddler are inexcusable and deserve punishment and deterrence in the form of monetary damages. Parents should always monitor the recall alerts on all toys that their children play with. Parents can remain on top of the recalls by checking out the consumer product safety commission’s website page on recalls. The Illinois Attorney General’s office is also a great resource for parents to learn about unsafe products and recalls. Recently the AG’s office release a product safety guide for parents to raise awareness about potentially dangerous products.

Posted in:
Published on:
Updated:
Published on:

As the holidays draw near, our Illinois personal injury lawyers want to ensure that the festivities are as safe as possible.

World Against Toys Causing Harm, or W.A.T.C.H. is a consumer public interest group that holds an annual conference, exposing the potential dangers of children’s toys; W.A.T.C.H.’s efforts have inspired many toy- and product-design changes.

This year, W.A.T.C.H. released it’s annual list of the “10 Worst Toys,’ each of which has the potential to cause harm or death to children. W.A.T.C.H. has produced this type of list annually since 1973, and many children’s lives have been saved as a result. A report published by MSNBC expounds upon the list, explaining each of the possible dangers posed by the toys. The list included toys that had potential risks for causing choking, electrocution, flesh wounds, and even death.

Posted in:
Published on:
Updated:
Published on:

A report by the American Association for Justice (AAJ) reported that 95% of the toys in the United States now come from abroad and many of them would not receive a thumbs up for safety from Santa! For example, once Chinese manufacturers were taken to task on the lead issue, they replaced lead with cadmium! Cadmium is number SEVEN on the top 10 list of cancer-causing materials. Noteworthy considering our country’s importations of toys from China, toy-related injuries have increased 54% over the last decade!

Be on the lookout for hidden dangers. A lot of these toys contain tiny magnets; if they come out of the toys and are ingested, they can cause incredible problems with the intestinal tract. If two or more magnets are digested, they can attract each other in the digestive tract, causing pinched, blocked, or twisted intestines. Additionally, scrutinize foreign products like toy jewelry, which can contain lead, lead plant, or other cancer-linked elements, such as the always-popular-in-China cadmium! Between 2005 and 2007, studies showed that more than 20% of toy jewelry contained unsafe levels of lead. Defective toys can be available on the shelves for years. A Public Citizen analysis found that companies waited more than two years on average to inform the Consumer Product Safety Commission about defects. Then, the agency took more than 200 days to inform the public. The federal government is so overwhelmed and understaffed, the lawyer organizations are helping out by forcing these manufacturers to deal with it!

Read more about safety issues for foreign toys at American Association for Justice.

Published on:

The American Association for Justice reported that unforeseen hazards continue to be present in toys despite recently improved safety standards, demonstrated the necessity for a strong civil justice system that protects children who may be personally injured from such toys. The strong civil justice system must also hold negligent manufacturers accountable. For years, corporations have knowingly shipped unsafe toys with hidden dangers like small parts, loose magnets, asbestos, and other toxic chemicals until outrage from parents and civil actions forced regulators or manufacturers to act. As toys have become more sophisticated, so too have the risks associated with them. As American Association for Justice President reported, protecting our children requires vigilance from everyone. Regulators, parents, manufacturers, and the civil justice system all play a part in keeping dangerous toys off store shelves.

Our Chicago injury attorneys want to highlight recent product recalls that may affect children on your holiday gift lists. Rocking Horse Depot’s small, medium, and large rocking horses with bridles have been recalled because the reins on the rocking horse are long enough to form a loop around a child’s head and neck, posing a strangulation hazard to young children. Additionally, Big Ideas Marketing has issued a product recall to the horse-on-a-stick toys sold at Love’s Travel and Country stores due to a strangulation hazard. Also concerning is that Munchkin, Inc. has issued a product recall for bathtub toys due to a risk of injury. The intake valve on the bottom of the submarine toy can such up loose skin, posing a laceration hazard to children.

Keep up to date on product recalls by visiting the Consumer Product Safety Commission website.

Published on:

The attorneys at Levin & Perconti just read about several product concerns and wanted to make our readers aware. Read below to learn about the recalls and other warnings.

First, look out for the safety of your pets! The Food and Drug Administration (FDA) recently issued a warning that dog treats may be contaminated with salmonella. Merrick Pet Care’s pet food may be contaminated with salmonella; click here to read more about the possible salmonella contamination in the dog treats.
Continue reading

Published on:

ChicagoBreakingNews.com has reported that an Oak Brook Illinois company has agreed to pay a $1.25 million civil penalty for importing and selling toys that contained too much lead in the paint. The product liability fine is part of a settlement that the Illinois company reached with the U.S. Consumer Product Safety Commission. The U.S. CPSC claims that the Illinois toy seller and its Learning Curve Brands, Inc. unit knowingly imported and distributed various Thomas & Friends wooden railway toys with paints or other surface coatings with excessive lead levels. The U.S. Consumer Product Safety Commission indicated that this is the second biggest civil penalty ever imposed against a toymaker.
Continue reading

Published on:

As many people celebrate the holidays, it is important to remember to practice safety with new electronics or toys. The attorneys at Levin & Perconti have highlighted many product recalls recently, including Children’s Plush Books and Children’s Hoodie-style sweatshirts.

For the most recent and updated information on product recalls, please check the Consumer Product Safety Commission website. Please enjoy your holidays and be safe!

Published on:

The Chicago Tribune released a story today about a consumer group is contending that this season’s “must have” toy is an unsafe product. Since the “Black Friday” shopping bonanza day, the Zhu Zhu hamster toys have been extremely popular; however, a recent study has highlighted potential concern. A study by a San Francisco group stated that higher-than-allowed levels of antimony (which can cause health problems) were found on the hair and nose of the toys hamsters. Antimony was measured at 93 parts per million in the hamster’s fur and 106 parts per million in its nose. Both of these readings exceed the allowable level of 60 parts per million. Despite this study, the toy’s maker insisted that its product is safe and has passed rigorous safety testing.
Continue reading

Published on:

Today is expected to be one of the biggest shopping days of the year. In the hectic atmosphere of finding the best deals, Levin & Perconti wanted to highlight what toys to avoid. Many toys have been recalled because of product liability concerns. Some of the toys are choking hazards, others pose burn hazards, and other contain excessive amounts of lead. More information on all of the following toys and additional recalled products are available on the Consumer Product Safety Commission website.
Continue reading