Young children die or are seriously injured each year as the result of unsafe or defective toys. Responsible adults know that toys should be age appropriate, and that new toys should be examined for hidden dangers and defects. Protecting young children from unsafe toys is everyone’s business. It is important for adults to carefully select toys and to properly supervise children. There are numerous laws designed to protect children from toy injuries. For example, effective February 1, 1995 products that were manufactured in or imported to the United States must comply with the Child Safety Protection Act. The act is designed to eliminate or reduce children hazards related to choking and suffocation.

More specifically, the Child Safety Protection Act bans or requires the following:

1. Any ball with a diameter of 1.75 inches (44.4mm) or less that is intended for use by children younger than 3 years of age is banned

2. Any ball with a diameter of 1.75 inches (44.4mm) or less that is intended for use by children 3 years or older must be labeled:  WARNING: CHOKING HAZARD-This toy is a small ball. Not for children under 3 yrs.

3. Any toy or game intended for children 3 years or older but less than 8 years that contains a small ball shall bear the following cautionary label: WARNING: CHOKING HAZARD-Toy contains a small ball. Not for children under 3 yrs.

4. Toys and games with small parts intended for use by children at least 3 years   old but under 6 years must be labeled as follows:  WARNING: CHOKING HAZARD - Small parts. Not for children under 3 yrs.

5. Any latex balloon, or toy or game that contains a latex balloon, shall be   labeled as follows: WARNING: CHOKING HAZARD-Children under eight yrs. can choke or suffocate on uninflated or broken balloons.  Adult supervision required. Keep uninflated balloons from children. Discard broken balloons at once.

6. Any marble intended for children 3 years or older shall be labeled:  WARNING:  CHOKING HAZARD - This toy is a marble. Not for children under 3 yrs.

7. Any toys and games intended for children at least 3 years old but less than 8 years which contain a marble shall be labeled: WARNING: CHOKING HAZARD - Toy contains a marble. Not for children under 3 yrs.

In addition, and like any other defective product, there can be numerous other hazards relating to toy. For example, the toy may contain toxic chemicals. If a toy injures your child, it is important to ask why. In addition to the regulatory safeguards, your child may have important legal rights. The following are a few important legal, factual and evidentiary issues that should be considered when evaluating a medical device claim

• When, where, and under what circumstances was your child injured?

• What are the nature and extent of the injuries?

• Did anyone witness the event?

• What specific toy injured the child?

• When and where was the toy purchased?

• Do you have any receipts and purchase documents?

• How old is the child?

• Was the child being supervised?

• Was the toy appropriate for the child's age, interests and skill level?

• Was the toy defective in design, materials, or construction?

• Was there clear and proper directions or instructions are clear regarding use?

• Did the toy have appropriate warnings, safety labels, ad instructions?

• Was the toy made of poor materials posing potential hazards?

• If a damaged toy, should it have been thrown away or repaired?

• Were the edges on wooden toys covered with splinters?

• Did the toy contain lead new paint?

• Did the toy have sharp glass or metal edge?

• Was the toy defective in that it could break to reveal parts small enough  to become lodged in a child's windpipe, ears or nose?

• Did boxes of caps and items producing noise have a warning not fire to closer than one foot to the ear?

• Was the toy defective with long strings or cords may dangerous for infants and very young children?

• Did the toy have dangerous points, prongs, or wires that could cut or stab?

• Was the toy dangerous in that it projected guided missiles and similar flying toys that can injure eyes?

• Was an electric toy improperly constructed, wired or misused can shock or burn?

• Did the electric toy meet mandatory requirements for maximum surface temperatures, electrical construction and prominent warning labels?

• Was an infant improperly allowed a toy that became lodged in an infant's throat?

If your child is injured by defective toy, you should take immediate steps to protect their interest. Do not compromise their rights by making statements to the press, insurance investigators, potential defendants, their representatives, or by signing any documents. After obtain needed medical attention, call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to defective toys. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using the following Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients.