Dangerous Toys In The Hands Of Our Children

Toys are supposed to be safe and fun. Unfortunately, on too many occasions dangerous and defective toys find their way into children’s hands. In 2012, there were 265,000 reported injuries nationwide and 11 deaths attributed to dangerous toys. Recently, a toy manufacturer call Kids II issued a recall of their Baby Einstein Musical Motion Activity Jumpers because of an attachment that can forcefully rebound and pose a significant hazard to children. To date, 61 injuries have been reported because of the attachment including an infant who suffered a skull fracture. If you have a Baby Einstein Musical Motion Activity Jumper, check to make sure if the unit is subject to the recall. Recalled units were sold nationwide between May 2010 and May 2013, Their model number is 90564.

Other toys present choking hazards and contain excessive amounts of lead, though the latter is decreasing in frequency thanks to stringent federal standards. Toys with parts that detach easilyand could choke a child require adequate warning labels clearly disclosing the risk and the ageappropriateness for the toy. Some toys can damage a child’s hearing by exceeding federal safetylimits on decibels, including some Leap Frog phones for tots and the Fisher Price Laugh andLearn remote.

When a dangerous toy makes it to the market, it can result in serious injuries to our most innocent and vulnerable consumers. Many toys have design hazards that can produce serious injuries in small children including:

• Small parts that can be swallowed or inhaled

• Sharp edges that can puncture the skin

• Toxic chemicals that may explode under heat

• Poisonous chemicals that can be swallowed or inhaled

• Choking hazards from cords or strings

• Loud noises

• Toys that are projectiles

• Burn hazards

Manufacturers may misrepresent the dangers inherent in these toys or fail to label the hazards. Many of these toys are sold to children too young to appreciate the dangers. If your child suffered an injury from a toy, you may have a product liability lawsuit.

Tips for Avoiding Dangerous Toys

Before you buy a child’s toy, carefully read the label about hazards and risks associated with the product and if it is age appropriate for your child. Other tips include:

• Keep these toys separate from younger children

• Discard packaging

• Do not buy magnet toys for any children

• Avoid loud toys

• Do not buy toys with small button batteries

• Avoid toys with long cords or strings

• Avoid any choking hazard by keeping balloons, small balls or tiny objects away from toddlers

Potential Liable Parties

The parties responsible for a defective or dangerous toy include:

• Toy manufacturer

• Toy retailer

• Toy distributor

Placing their bottom line ahead of your child’s safety is egregious. These parties have a legal duty to manufacture and distribute toys that adhere to federal safety standards. By bringing a product liability lawsuit, you are alleging that the designer, manufacturer, retailer or distributor was negligent in producing and selling an unreasonably dangerous product and which breached applicable warranties of fitness for its intended purpose and merchantability and that it is safe for use by infants of a certain age.

Potential Damages

You are entitled to an award for damages if you prevail in a product liability lawsuit. The amount awarded is dependent on the nature and extent of your child’s injuries. Potential damages include:

• Medical expenses

• Rehabilitation costs

• Pain and suffering

• Punitive or exemplary damages if the responsible party’s conduct was egregious

Recalled Toy Information

The United States Consumer Product Safety Commission (CPSC) maintains on its web site a list of dangerous or defective toys that are subject to recall. The list is continually updated and posted at www.cpsc.gov. Check the list regularly to make sure recalled products are not hiding in your home.

Contact Us

If you or your children have been seriously injured by defective products, do not hesitate to contact our office. We will be able to represent you against manufacturers and distributors of such dangerous products and obtain the recovery for you.

How Are Uninsured Motorist Claims Handled in CA?

If you are involved in an accident with another motorist who does not have auto liability insurance, can you still pursue a claim against the driver or collect compensation for your damages or injuries? The short answer is that you can pursue a claim against anyone, but whether you can collect any compensation depends on some factors.

What is Uninsured Motorist Coverage?

When you purchase auto liability insurance, you have the choice of also purchasing uninsured motorist (UM) coverage. This protects you in case you have an accident with another motorist who has no insurance on their vehicle so that you can make a claim under your own policy. You are not required to have uninsured coverage but considering that at least 20 percent of all cars on California roadways are uninsured, you are at risk for losing thousands of dollars by not having this valuable coverage.

Requirements for an Uninsured Motorist Claim

One obvious requirement is that the other party not have coverage on the vehicle involved in the accident, but what if the other driver flees the scene and you are unable to identify the car or you had to take evasive action to avoid another vehicle and struck a barrier or another car?

California law requires that there be actual physical contact between your car and the other vehicle or some part of it. For instance, if an errant tire from the other car comes into your path and you strike it, causing you to lose control of your car, this would constitute physical contact. If you had to veer to avoid the unknown vehicle without any contact, however, you would not have a viable claim.

Who Can Make an Uninsured Claim?

Besides yourself, your passenger can make an uninsured claim under your UM policy. If you are a pedestrian or bicyclist, you could still make a claim if you or a relative with whom you live has UM coverage.

Compensation for a UM Claim

To claim compensation in a UM accident, you still have the burden of proving the uninsured driver caused your accident. You or your attorney would negotiate with your own insurance adjuster. If litigation ensues, you would not go to court for trial but to arbitration only.

If you have no UM coverage, you can bring a lawsuit against the uninsured driver and probably obtain a judgment. The difficulty lies in collecting any compensation from someone who more than likely has few assets to pursue.