A toy recall occurs when a manufacturer of children’s toys pulls their product from retail sales because the toy is dangerous. Among consumer products, toys are particularly subject to recalls due to the heightened safety standards for protecting children. Since toy recalls directly affect consumers, toy recalls are usually published in media outlets including newspapers and local new stations.
Toy product recalls usually result in the product being pulled from store shelves to prevent future sales. Consumers who have already purchased the recalled product will often receive a refund or an exchange. Once a product has been recalled, it will usually become illegal for retailers to continue to sell the product.
What are Some Common Types of Toy Recalls?
A toy recall may occur for various reasons. Features that often result in a recall include:
- toxic chemicals or materials
- sharp edges or points
- warning label defects
- confusion as to which age ranges are suitable for using the toy
- a possible choking hazard, such as water absorbing toys or fidget spinners
- the appearance of a dangerous weapon (e.g. realistic gun and knife toys)
Toys can be recalled for many other reasons as well. For instance, if the toy is incorrectly labeled or contains wrong instructions, it may be recalled. Sometimes, these types of errors can indirectly cause an injury.
What if I’ve Been Injured by a Dangerous or Defective Toy?
If you or a loved one has been injured by a dangerous or defective toy, you may wish to check if the toy has already been recalled. In most cases, you will at least be able to get a refund or an exchange. However, this is usually not sufficient to remedy the injuries that have already occurred. It may be necessary to file a lawsuit based on a defective products theory.
Under products liability laws, a product can be defective in three ways: through a manufacturing defect, a design defect, or a warning label defect. You may need to contact a lawyer to determine which type of defect may have been at play in your case. For instance, if the product was poorly designed, you may have a claim for a design defect lawsuit. If the product was put together in the wrong way, it may be manufacturing defect case. Remedies for such lawsuits usually include a damages award to pay for the plaintiff’s losses (such as medical bills, hospital costs, and other amounts).
Do I Need a Lawyer for Help With a Toy Recall Claim?
Toy recalls are very important procedures that can help prevent or minimize injuries to consumers. But if you or someone close to you has been injured by a dangerous toy, you may need to hire a defective products lawyer for help with the legal process. Your attorney can provide you with the legal advice and guidance that is needed to successfully file your claim in court. Also, your attorney can help keep you informed of any recent toy recalls that might affect your claim.