With the holidays just around the corner, it’s more important than ever to understand what a product liability claim is and to stay informed about essential toy safety tips. A product liability claim arises when a defective or dangerous product causes injury, allowing consumers to pursue compensation from manufacturers, distributors, or retailers responsible for putting unsafe items on the market.
According to the U.S. Consumer Product Safety Commission's (CPSC) latest report, an estimated 154,700 children aged 12 and under were treated in emergency rooms for toy-related injuries in 2023, and tragically, 10 children lost their lives due to toy-related incidents. As gift-giving ramps up during the holiday season, parents and caregivers must be vigilant about the potential risks certain toys may pose and take proactive steps to keep children safe.
Leading Causes of Toy-Related Deaths
The CPSC report reveals that the majority of toy-related deaths were linked to the following specific hazards:
- Choking on small balls or crayons
- Drownings linked to flotation toys
- Entrapment inside a toy chest
- Ingestion of water beads
Definition of Product Liability Claim
According to RCW 7.72.010, a product liability claim “includes any claim or action brought for harm caused by the manufacture, production, making, construction, fabrication, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, storage or labeling of the relevant product.”
Useful Safe Life
As indicated by RCW 7.72.060, the general rule of thumb is product sellers are subject to liability during a product’s useful safe life. Useful safe life “begins at the time of delivery of the product and extends for the time during which the product would normally be likely to perform or be stored in a safe manner.” If the product seller is able to prove that the harm to the claimant was caused after the useful safe life they are not liable.
Statute of Limitations
Finally, there is a Statute of Limitations stating that no claim can be brought if more than three years have passed since the claimant discovered the harm or during their due diligence period.
My child was injured by a toy. What should I do now?
Holding companies and manufacturers accountable for the injuries caused by their defective products is a challenging and complex endeavor. If you think you have a potential product liability claim, follow these best practices to preserve any evidence that will help your legal team support your case:
- Take photos of the product or scene where the injury occurred;
- Take a timely video of the product or area where the injury occurred (if possible);
- Preserve and keep the product in a safe place;
- Request the data for your records if an item has an EDR (electronic data recorder) or similar system
- Talk to witnesses who saw the injury occur -- and get written statements;
- Keep receipts, instruction booklets, and packaging whenever possible; and
- Call a product liability attorney as soon as possible to discuss your claim.
Safety Tips for Parents and Caregivers
To help reduce the risk of toy-related injuries and fatalities, especially during the holiday season when new toys are often introduced, the CPSC offers several key safety recommendations:
- Follow Age Recommendations: Always pay attention to the age guidelines and safety information provided on toy packaging. Choose toys that are appropriate for the child’s developmental stage and abilities to minimize risks. This is particularly important during the holiday season when children may receive a variety of new toys, some of which may not be suitable for their age.
- Use Protective Gear: When children play with riding toys, bikes, or scooters, ensure that they wear the proper safety gear, including helmets, knee pads, and elbow pads. It's important to make sure children consistently use this gear during every ride.
- Keep Small Toys Away from Young Children: Small balls, toys with small parts, and deflated or broken balloons are choking hazards for children under 3 years old. Keep these items out of reach and ensure that children are supervised during play.
- Dispose of Packaging Safely: After opening toy gifts, promptly discard any plastic wrapping, packaging materials, or small parts that could become a suffocation hazard.
- Supervise Water Play: Be extra cautious when allowing young children to play with flotation devices or in pools. Never leave a child unattended in or around water, even if they are using a flotation toy.
By adhering to these guidelines and choosing safe, age-appropriate toys, parents and caregivers can significantly reduce the likelihood of toy-related injuries.
Contact an Experienced Product Liability Lawyer
If your child has been injured by a children’s product, it’s important to take action. Our product liability attorneys have decades of collective experience challenging corporations and manufacturers to do better for their customers and take responsibility for their mistakes.
If you have a potential product liability case you would like to discuss, call our main office line at 800.273.5005 or email our attorneys at to schedule a free lawyer consultation.
