Protection for Virginia children and infants injured by dangerous products and toys
When we purchase products for our babies and children – whether they are toys, clothes, cribs, bassinets, car seats or other infant products – we have the right to expect them to work as advertised. This means to work without defect or unreasonable risk of injury. However, this is not always the case and millions of children and infants suffer injuries every year through no fault of their own or of their caregivers.
According to the United States Consumer Product Safety Commission (CPSC), toy-related injuries accounted for 226,100 emergency room visits in 2018. About 73 percent of these injuries happened to children younger than 15 years of age, 70 percent occurred to children 12 years of age or younger, and 37 percent happened to children younger than five years of age.
The Richmond product liability attorneys at Phelan Petty step in when defective products harm your child or baby. We have decades of experience ensuring companies and manufacturers are held responsible for their negligence. Let us seek compensation on your behalf.
Get Your Case Evaluation
Common products that cause children injury
Manufacturers of products marketed for children (and to parents) must design and test their products with even more caution to ensure they’re safe. Young children are especially at risk for things like choking, strangulation and suffocation hazards. Children’s products at common risk for defects include the following.
Car and booster seats
Defective car seats and auto parts potentially put countless infants and young children at risk. Defects or malfunction in seat buckles, latches, or overall weak construction has led to numerous recalls in the past, including Baby Trend, Basic Comfort, Britax, Dorel, and Graco. This is not a full list.
Although items of clothing must be highly regulated, some products make it on the racks anyway. Strangulation hazards from hoodies, choking risks from buttons and snaps, and violations concerning flammability can all lead to injuries and even fatalities to our children.
Cribs and playpens
Child and baby furniture with improper design or bad parts can come apart, collapse, or unlock, putting a child at risk for a fall or injury. If a crib is not built or designed properly, a child can become trapped between the bars before a parent or guardian can intervene.
Infant inclined sleepers
The CPSC recently recommended consumers stop using all types of infant inclined sleepers and rockers due to the dangers of infants sleeping on an inclined surface. The organization has reported 73 infant deaths related to these types of rockers and sleepers, and advises parents that a baby should always sleep on a firm, flat surface.
Poorly designed or constructed playground equipment can cause serious injury to children. Even if a child is using the equipment while supervised and in the way it was intended, faulty swings, railings, or chains can result in falls, slips, or other injuries.
Defective strollers can unexpectedly collapse, causing a child to fall to the ground and suffer injury. Other strollers might suddenly fold at the joints, trapping a child’s fingers or other body parts – causing anything from a laceration to amputation. Defective stroller wheels can also cause loss of control and potential injury.
Many toys and games marketed at children have small, removable parts that can create choking hazards. Small children have an instinct to put things in their mouths and, if pieces break off a toy or if a choking hazard is not indicated on the packaging, a child can be put at risk.
Toxic ingestion hazards
One of the most common toxic hazards to children is lead poisoning, which can occur when a child is exposed to lead over long periods, like sucking or chewing on a toy with lead. Long-term lead exposure can lead to brain damage. Another toxic ingestion hazard is toys with phthalates, which can include pacifiers, teething rings, and bottle nipples.
What is the Child Safety Protection Act?
In 1994, the CPSC passed the Child Safety Protection Act (H.R. 965), federal legislation that sets out specific rules and guidelines to combat choking-related deaths in children. The Act bans products with small parts for children under the age of three. This is why you see so many toys and products in stores with the warning “Not intended for children under three,” or something similar.
With the passage of this legislation, toy manufacturers must test their products to ensure they pass certain specifications – otherwise their toy will qualify as a choking hazard. If so, they must properly place a warning on their packaging. If they do not place this warning, they are liable for a marketing defect, which may result in a recall as well as possible fines and legal action.
The CPSC notes that not every product has to pass this test. Some products need to be small in order to perform their intended function. Examples of exclusions to the “small part” regulation rule include:
- Baby pacifiers
- Clothing, jewelry, and accessories
- Crayons, chalk, and pens
- Infant rattles
- Paint and clay products
The Richmond product liability attorneys at Phelan Petty can answer any questions you have about your child’s injuries and what may have caused them.
What are common injuries caused by defective children’s products in Richmond, VA?
Children’s toys and clothing that do not comply with federal standards are considered to be defective and can hurt infants and kids through no fault of their own. Manufacturers and companies can be held responsible for these injuries, which can include:
- Bone fractures
- Choking and strangulation
- Cuts and lacerations
- Traumatic brain injury
- Wrongful death
Can I sue a product manufacturer if my child is injured?
If your child is harmed by a defective toy or product, you may have a product liability claim. Our Richmond attorneys work to hold manufacturers, distributors, sellers, or other liable parties responsible for things like:
- Design defects
- Manufacturing defects
- Breach of warranty
- Inadequate warnings
- Improper instructions
Damages available in a Richmond children’s defective products case
When an infant or child is injured or killed due to a defective product, you may be eligible to seek compensation. Damages for your child’s injuries include:
- Bodily injuries sustained and their effect on the child’s health according to their degree and probably duration;
- Physical pain and mental anguish suffered in the past and reasonably expected to be suffered in the future;
- Disfigurement or deformity and any associated humiliation or embarrassment;
- Inconvenience (past and future);
- Medical expenses, current and future; and
- Punitive damages, if applicable.
Damages to the beneficiaries of a deceased child include:
- Sorrow, mental anguish, and loss of solace;
- Expenses for care and treatment and hospitalization of the decedent incident to the injury resulting in his or her death;
- Funeral expenses; and
- Punitive damages, if applicable.
Our lawyers work to ensure your child and family is justly compensated for their trauma and pain. Let us help.
Virginia defective product attorneys protecting children and infants
The product liability lawyers at Phelan Petty have decades of experience fighting companies who put dangerous products on the market. When your child is injured by a hazardous toy or product, we will work to hold them responsible and seek compensation on your behalf. To schedule a free consultation, please call 804-980-7100 or fill out the contact form. Our offices are located near I-64 and Route 250 in Richmond.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.