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Defective Products

Dangerous Gifts: Toys New York Parents Should Watch Out For

When your child was opening the toys they received over the holidays, safety was probably the last thing on your mind. You were watching their excitement. Their unbridled joy at this much-anticipated moment finally arriving.

Unfortunately, some of the most popular toys out there this year could cause harm to your kid if you – and they – are not careful. Below, we’re going to go over the list of the toys found to be the most dangerous of 2018.

Most Dangerous Toys of the Season

Toy companies strive to produce toys that are enjoyable for your child, profitable for their bottom line and – generally – relatively safe. However, every year some potentially dangerous and defective ones slip through.

Maybe someone just didn’t think things through at the design level. Or errors were made on the production line that resulted in a toy coming out dangerous. Or there simply wasn’t enough testing done.

Because we know things happen, there are people who watch for potential issues. In fact, some of them actually create a WATCH list. This list is produced every year to make parents aware of the newest toys that could cause children to become injured.

If a toy is on the WATCH list, you know that you need to pay extra attention to make sure your child doesn’t get hurt while playing with it. What are the toys to watch out for this year?

Cabbage Patch Kids Dance Time Doll

If the headband or tutu are removed from this doll, they can present a choking hazard.

Chien Á Promener Pull Along Dog

The pull cord on this toy is longer than regulation limit, which may cause your child to be tangled in the cord or possibly even strangled.

Cutting Fruit

The plastic knife in this set could cause puncture wounds or blunt force trauma injuries if improperly used.

Nerf Vortex VTX Praxis Blaster

Your child’s eyes or face could be injured by shooting discs from this air gun.

Nici Wonderland Doll: Miniclara the Ballerina

If the small kitten is removed from the doll, it may become a choking hazard.

Nickelodeon Nella Princess Knight Pillow Pets Sleeptime Lites

If the heart or flower accessories are removed from this pillow pet, they may create a choking hazard. The batteries may also leak acid and cause burns.

Marvel Black Panther Slash Claw

If this toy’s hard claws are not used correctly, they can lead to body, eye, or face injuries.

Power Rangers Super Ninja Steel Superstar Blade

The plastic blade can malfunction and cause blunt force trauma or eye injuries.

Stomp Rocket Ultra Rocket

This rocket could cause eye, face, or body injuries since it shoots a long distance.

Zoo Jamz Xylophone

The drumstick on this toy could potentially block a child’s airway.

Your Child Was Injured By a Toy in New York – Now What?

Sadly, toy injuries are not uncommon in the United States. Toys led to around 240,000 injuries in 2016, and every three minutes a child is treated for a toy injury in a US emergency room.

Whether your child was injured by a toy on the list above or another toy he or she received over the holidays, you may be able to file for compensation if those injuries occurred due to the toy manufacturer’s negligence.

Toys can cause injuries such as burns, choking, broken bones, and head injuries. Some of these injuries may require long term medical treatment, and you should not be responsible for covering the bills if a toy manufacturer’s negligence led to your child’s injury.

No matter how small your child’s injury may appear at first, it’s essential to seek medical treatment. The reason for this is twofold.

First off, certain injuries can seem minor but get progressively worse as time passes. Seeing a doctor enables them to use their medical expertise to investigate more thoroughly, and may prevent a problem from worsening.

Second, your child’s medical report is one of the most important pieces of evidence you can present in a product liability case, and it will go a long way towards helping you to hold the toy manufacturer liable for your child’s medical bills.

If you decide to file a claim, there are other things you must do beyond seeking medical help to make sure you are following the product liability laws of New York. This starts with making sure you file within the statute of limitations. There are numerous other rules and procedures that must be followed as well, and the best way to give yourself the highest chance of winning your claim is to reach out to a knowledgeable New York injury attorney who has a successful track record handling toy injury cases.

Ultimately, you will need to prove that the following elements apply in your situation:

Duty of Care

Since your child used the toy, the toy manufacturer owed you and your child a safe experience based on a reasonable duty of care.

Breach of Duty

The toy manufacturer breached their duty of care by creating and selling an unsafe product and failing reasonably warn you of potential issues.

Causation of Injury

Your child was injured, and it was a direct result of the toy manufacturer’s negligence.

Damages

You experienced financial costs due to your child’s injury. In a child injury lawsuit, you can seek compensation for these costs, along with pain and suffering that your child endured.

Not sure if your child got a dangerous toy or not? Check recall lists. Look at online reviews. Inspect the toy yourself to see if anything looks problematic. Above all, stay vigilant.

Joseph macaluso

Published by
Joseph macaluso