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What to do if your child is injured by a new toy

On Behalf of | Jan 16, 2025 | Catastrophic Injuries, Child Safety

Children and playing are two words that come together, and there’s nothing more wonderful than you watch your child discover new things, learn to play games with others and to watch them begin developing a moral code, as they share with their friends and begin to identify emotions and for the first time, processing them.

However, there are times when a toy will hurt them. If there is something wrong with the toy–whether it was manufactured improperly, packaged improperly or else. This is called products liability, when the maker of a product had an obligation to provide a toy that is safe for the children it advertises it is for.

Defective or dangerous?

If you detect that your child’s toy is defective or dangerous, you must report the incident to the Consumer Product Safety Commission (CPSC). You should give them all details of the incident, which hopefully includes photos of the injury, the toy, the surrounding area where the injury happened, medical records or reports, if available.

Preserve the evidence

Do not be so quick to throw the packaging or the toy away. Of course, do not allow your child to play with it again and store it out of their sight, so they are not tempted to want to play with the toy. If the toy is defective, expert testimony may be required to analyze the design, materials and manufacturing. Your lawyer can help you with this.

Next steps

Once you have an attorney, they will let you know what you need to do from then on. It may be that they will want research on the toy’s history, or names and phones numbers of witnesses. Your attorney may also ask to consult with the experts, to ensure they can put together a proper legal strategy.

If your child is hurt with a toy, it can result in a mild injury or in a severe injury. For this reason, it is imperative to act immediately after you realize they have been injured. Also, never leave your child unattended and only allow them to open and play with toys that you have inspected.

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