Fidget spinners are small toys that are designed to spin around a central hub, somewhat similar to a top. They are marketed as means of helping young children control “fidgets” and other movements (hence their name). Some fidget spinners have been found to be dangerous due to parts falling off of them, as well as other concerns. Some common fidget spinner injuries include:
- Fingers being caught in small openings in the toy (sometimes requiring surgery or amputation)
- Swallowing of pieces that break off of the toy
- Lead poisoning (often resulting from cheaper toys that are imported and unapproved by U.S. authorities)
- Lacerations from sharp edges
Lastly, due to the movement of the toy, injuries can occur if the toy is projected and strikes a person, resulting in eye injuries and other similar accidents. These types of injuries can be serious and can result in long-term conditions, especially for younger children. Some toys can affect many consumers with the same type of injury risk.
Who can be Held Liable for a Fidget Spinner Injury?
While each case is different, in most cases the manufacturer or distributor of a fidget spinner can be held liable for injuries cause to consumer. These types of claims are usually filed under a defective product theory of law. Various types of defects can lead to a manufacturer being held liable. These can include:
- Warning label defects: The fidget spinner toy lacked the proper warning labels, instructions, age range indicators, and other information to make the toy safe for users.
- Design defects: These occur where there is a fault with the product’s design. An example of this is where there is a sharp edge designed into the toy, making it a risk for laceration and cut injuries
- Manufacturing defects: These are where there is a defect with the way the toy was assembled or produced, such as when there is an issue that causes small parts to break off (creating a choking risk)
Are there any Legal Remedies for a Fidget Spinner Accident or Injury Claim?
Fidget spinner accidents and injuries can sometimes result in legal claims. These types of lawsuits will typically result in a monetary damages award that is issued to the inured party. The damages may compensate the non-liable party for losses like hospital and medical bills, costs of surgery, pain and suffering, and other expenses.
In addition, a class action lawsuit can sometimes result if many consumers are all affected by the same dangers created by a fidget spinner toy.
Should I Hire a Lawyer for Help with a Fidget Spinner Injury Lawsuit?
Fidget spinner injuries can be serious, and legal action may be needed for the injured party. It may be in your best interests to hire a consumer lawyer in your area if you need legal representation for a case. Your attorney can provide you with legal advice and guidance throughout the process.