Product Liability Attorneys Blog

A New Jersey-based toy company has been fined $1.1 million by the U.S. Consumer Product Safety Commission because it didn't report that a toy dart gun set was a choking hazard to children.

With the holiday season near and toy companies rushing to put out millions of toys, there are bound to be defective children's products on the market this time of year.

Sadly, the companies that are seeking the millions of dollars in revenue are sometimes more concerned with producing toys than ensuring they are safe. While there are standards that must be met, corners are cut in order to push the products onto the shelves faster. And to maximize profits, of course.

This means that parents must be ever more vigilant when looking over presents, deciding what to buy and watching their children when they play -- particularly with new toys. Injury cases can range from the minor to tragic disfigurement, amputation injuries, suffocation and death. Consumer protection lawyers work to hold defective product manufacturers accountable.

In this case, the Plainfield, N.J. company, didn't report a defect in the "Auto Fire Target Set" under federal law. The company knew in 2006 that the toy set was defective because if children place the soft plastic toy dart in their mouths, it can be inhaled and block their airwaves, causing them to lose the ability to breath.

The company recently agreed to the $1.1 million settlement with the commission, which is charged with ensuring product safety by enforcing federal laws. When staff investigated the issue in 2009, it alleges the company misrepresented the problems with the product and its knowledge of the defect.

In May 2010, 1.8 million of the sets were recalled by the commission and Family Dollar Stores because the company refused to conduct the recall. By then, three children had died as a result of choking on the dart sets. Family Dollar exclusively sold the toys between September 2005 and January 2009 for $1.50.

Federal laws state that manufacturers, distributors and retailers report within 24 hours after they get information that a product contains a defect that could cause a hazard, creates a risk of serious injury or death or doesn't comply with consumer product safety rules.

In agreeing to the settlement, the company denies allegations that there was a defect or it violated the law, the commission states.

While a settlement may allow the company to deny any allegations of wrongdoing, the allegations were that the company sold a bad product and clearly didn't take the steps to correct the problem. Three children died as a result. These were preventable deaths that didn't need to happen.

So, as we approach the holiday season and you consider buying toys or other products for your children, don't just look at price. Consider the potential hazards that such a product may pose, because the company that made it may not have taken that into consideration in its rush to make money.

Continue reading "Company Fined $1.1 Million For Not Reporting Choking Hazard in Toy Gun Sets" »

The U.S. Consumer Product Safety Commission announced recently that Little Tikes has expanded its recall of toy workshop and tool sets because of choking hazards for small children.

You'd think by now companies who create children's toys wouldn't create small, plastic pieces that are easily swallowed by kids. Defective children's products in Washington D.C., New York, Florida and throughout the country pose a health risk to young kids everywhere.

Our New York product liability lawyers never like talking with family members of someone who died because a product didn't work like it was supposed to. It's heart-breaking when a child is lost because they choked on a toy that had design flaws. The bottom line is these companies must be held liable for their negligence.

It's inexcusable that companies rush their designs to the production lines just to make more money -- particularly when those products are marketed to families with young children.

It's October, which means the holiday season is just ahead of us. Many people will be shopping for toys for family members and their own children. This is a time for parents to be extremely cautious of new toys and to keep an eye on infants and toddlers, who are more apt to put toys in their mouths.

According to the CPSC, Little Tikes, a Hudson, Ohio company, recently expanded its recall of the Little Tikes Workshop and Tool Sets. More than 1.7 units, on top of the 1.6 million that were recalled in August 2009 are now being recalled.

The oversized, plastic toy nails have been identified as being a choking hazard to young children. There have been two incidents in which small children choked on the toy nail after it became lodged in their throat. The CPSC reports both children were treated at a hospital and made full recoveries.

The toy nails are a little more than 3 inches by 1 inch and are made with soft plastic, easily able to be swallowed by young children. These sets were sold nationwide and with millions of them sold, the company brought in millions of dollars between 1990 and 2004. The sets sold between $25 and $100.

The company should be contacted if you have purchased this set in order to get a refund. Little Tikes can be contacted at 1-800-321-0183 between 8 a.m. and 8 p.m. EST.

Please take note of product recalls, which can range from children's toys to products that cause electrical short circuits to vehicles that have a problem with the braking system. Companies often bypass safety and sacrifice it to make more money. This is a shame, but it's something we must live with in these competitive times in the global marketplace. This means consumers must be even more diligent in checking products for safety concerns.

Continue reading "Toy Workshop Sets Pose Choking Hazard in New York, Nationwide" »