The moment a child comes into the world, parents have a responsibility to keep those children safe, but they don’t do this in isolation. They depend on a variety of products, from cribs and strollers to baby formulas and even toys, to help their baby grow and develop. That means parents putting their trust in manufacturers to provide products that are safe and won’t cause harm.
Unfortunately, that is not always the case, and there have been hundreds of products sold on the market that caused serious harm and, in some cases, death.
The U.S. Consumer Product Safety Commission (CPSC) is the government agency tasked with the job of issuing recalls. Any product designed for children 12 years old or younger is required to undergo third-party testing. The results of those tests should confirm that the product complies with all the government guidelines.
Even with those testing guidelines in place, many manufacturers will still try to push products on the market by cutting corners and not testing as rigorously as they should.
According to the most recent data collected by the CPSC, approximately 231,700 toy-related incidents resulted in children being sent to emergency rooms in a single year.
While not all of these injuries were from recalled products, it’s clear that every parent needs to be concerned about what they bring into the home for their children.
What Are the Common Types of Children’s Products Defects?
If a product causes harm to a child, there may be an actionable claim that an experienced product liability attorney can help you with. These types of claims fall in one or more of these categories:
- Manufacturing Defects
- Design Defects
- Failure to Warn
With a manufacturing defect, a product may have undergone all certified testing, but when it is time for the factory to produce the product, something goes wrong. It can be something as simple as an edge of the product not being smooth, which causes a laceration.
A design defect originates from the time the product was created, and it involves an inherent flaw that the manufacturer either was unaware of or chose to ignore.
Finally, with a failure to warn claim, the manufacturer did not provide adequate warnings for potential harm, such as failing to include a choking warning label.
Any of these defects or failures can lead to the following types of product defects:
- Flammable children’s clothing
- Small toy pieces that are a choking hazard
- Toys with strings or rope that can also be a choking hazard
- Magnets that can be ingested
- Baby products that are harmful during sleep
- Lead paint in toys
- Sharp edges or pointy edges and corners
What Are Some Notable Product Recalls?
There are hundreds of product recalls issued every year. By the time a recall is issued, the harm has already occurred. Here are some of the most notable product recalls in recent years.
Mattel
One of the largest toy recalls occurred in 2007, when Mattel recalled 19 million toys manufactured in China. The reason for the recall was that the toys were found to contain lead paint, and other toys had small magnets that posed choking hazards. As a result of this recall, the company agreed to pay out $50 million to settle product liability lawsuits.
Fisher-Price
In 2019, Fisher-Price recalled millions of its Rock’ n Play Sleeper products after it was discovered that babies could roll over while in the infant sleeper and asphyxiate. That lounge was linked to over 100 infant deaths.
Target
When two children died because of a particular weighted blanket, Target recalled 204,000 of the blankets.
Epoch Everlasting Play
This toy company was forced to recall 3.2 million animal sets that contained small pacifiers and bottle accessories. This recall happened as a result of two children choking to death on the loose pieces from the toy set.
Options for After the Recall
Even though a product is recalled, it doesn’t absolve the manufacturer from liability for any injury. In fact, a product recall reinforces the idea that the product is flawed. Often, these claims are part of a class action lawsuit.
If a product injured your child, it is important to speak to a product liability lawyer to understand what your options are for filing a claim.
You shouldn’t be responsible for any losses associated with a defective product.
