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“Many of us will be purchasing toys for children during the Christmas and Hanukkah season. We at Spivey Law Firm, Personal Injury Attorneys, P.A., would like to remind shoppers, that toys need to be safe and age-appropriate,” said Fort Myers Defective Product Attorney, Randall Spivey. 

Holiday shopping accounts for roughly 65 percent of all annual toy sales, according to an NBC News report. Toys are meant to bring joy, entertainment, and even education. However, due to poor design, manufacturing and marketing practices, there are toys available for purchase today with the potential to lead to serious injury and even death. 

Alarming toy injury statistics: 

Consumer Affairs and Stanford Children’s Health says: 

• Every three minutes, a child is treated in a U.S. emergency room for a toy-related injury.
• Since January 2015, at least 19 toys have been recalled over safety defects.
• Approximately 254,000 children are treated for toy-related injuries in hospital emergency rooms each year. 

The Consumer Protection Agency distinguishes several classes of toys that it finds as particularly unsafe: 

1. Projectile toys, such as darts, that are either thrown or launched are particularly dangerous.
2. Toys that contain lead, mercury or other heavy metals are dangerous, especially for toddlers who may swallow or otherwise ingest them. Lead and mercury poisoning can cause brain damage as well as injuries to other vital organs such as the kidneys.
3. Toys that make high levels of noise can cause hearing damage.
4. Explosives and toy firearms can cause serious injury or death.
5. Toys that have long straps, strings, or cords, such as lassos, long elastic rubber bands, super string, and other such toys can choke children, leading to serious injury or even death.
6. Smaller toys that can fit into an infant's or toddler's mouth as well as toys with small pieces present a choking hazard.
7. Toys with irregular shapes or toys with sharp edges can also be choking hazards in young children, and they can cause cutting injuries. 

Many toys that have been identified as unsafe have not been recalled and are still in distribution. Why are they still being sold? Property Casualty 360ᴼ says: 

• Inconsistent warnings and age recommendations. Omissions and inconsistencies regarding important safety information can lead to misinformation.
• Recalls are reactive, not proactive.
• Recalls are not very successful in reeling back in defective toys. People don’t hear about the recall and/or manufacturers can’t track their products well. Some toys that are in compliance with current industry or regulatory standards have proven to be hazardous, demonstrating the inadequacy of existing standards.
• Lack of awareness of unsafe toys on the market. Consumers expect toys to be safe once they are for sale. 

How can shoppers and consumers be sure the toys they are buying are safe? 

ToySafety.org says: 

1. Whether buying toys online or at a retail store, parents should thoroughly inspect a toy and its packaging prior to putting it into the hands of a child. 

2. It is important for consumers to inspect new toys, as well as existing toys in homes and schools, for dangerous hazards, and check for recalls.  

3. Consumers should look out for classic toy dangers that still make it on shelves today, including small parts, strings, projectiles, toxic substances and rigid materials. And always make sure to check warnings. 

Can any legal action be taken if a child is injured by an unsafe toy? 

Manufacturers can be held liable when they sell toys without adequately warning the public about dangers associated with certain applications, age groups or design features. Defective assembly and improper design can also lead to negligence claims for toy manufacturers whose products lead to injury or death in children. 

Stores are required by law to remove toys from distribution which have been recalled. However, should you be shopping for toys this season and would like to know whether a particular toy has been recalled, you can sign up for the SafeKids Worldwide product recall email. Whenever there is a recall, it will notify you. Here is a link to the SafeKids website for more information - Safe Toys. 

Attorney Spivey says, “Should your child be injured by a dangerous, defective toy, after seeking medical attention, please contact us. There are no costs or attorney fees unless we make a monetary recovery for you.”

Fort Myers Defective Products Attorney,Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just 1 percent (1%) of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.