Date 12.17.2018

The Perils of a Defective Present

Posted By: Coker Law

The holiday season is finally upon us! The mall is a mad house and parents are panicking to get their kids the most popular toys this season. But buyers need to beware that the toys on the top of your child’s wish list aren’t also topping the list for the most dangerous toys.

The Perils of a Defective Present

Start With 4 Smart and Simple Questions  

Last year, according to the Consumer Product Safety Commission, there were over 251,000 children treated at emergency rooms across the United States due to toy-related injuries. Ask yourself these qualifying questions while shopping for your child this Christmas to avoid a trip to the hospital:

  • Does the toy seem safe?
  • How will my child be playing with the toy?
  • Does my child understand how the toy will work?
  • Is the toy appropriate for my child’s current developmental level?

Okay, so the toy passed all of your questions but how does the CPSC rate the toy?

Do Your Research on Recalls

One of the missions of the CPSC is to set guidelines and rules for toys to ensure that they are compliant with the toy safety standards set by Congress. If the toy is deemed unsafe, a recall will be announced, and the toy will be taken off the shelves.

There are many reasons why a toy can be recalled by the CPSC including: lead levels, toxicity, choking hazards or potential flammability. We have included a link to the CPSC website, so you can read through their recall list to ensure something you are going to buy or have already purchased hasn’t been recalled.

How To Identify Dangerous Toys

  • The label is there for a reason – read it! It will tell you the recommended ages for playing with the toy and any potential hazards it may have.
  • Choose big toys to prevent a choking hazard so your child won’t be able to swallow it if it can’t fit in their mouth!
  • Secure the seams and strings of stuffed toys – doing this will prevent your child from potentially swallowing material that could cause them to suffocate.
  • Be cautious when purchasing projectile toys. The famous line from A Christmas Story remains true: “You’ll shoot your eye out, kid!”
  • Stay away from toy sets with small magnets and easily accessible battery packs that can be easily swallowed.
  • The sturdiness of the toy is important you don’t want it to break into pieces that your child can ingest. Be mindful of any edges sharp enough to cut your child.

Be mindful when picking out your children’s gifts this season. Make sure the toy is suited to their age and developmental level, doesn’t have any toxic ingredients, won’t overheat and won’t break into small pieces. Do your research and keep up to date on toy and product recalls to ensure your entire family has a happy, and safe holiday season.


Coker Law attorneys can help you recover financial compensation for the full amount of your losses including medical and rehabilitation expenses, pain and suffering, and lost wages or income. If you have been injured by a dangerous or defective toy or product contact our office to discuss your injuries and situation and we will evaluate whether you have a case and what type of claim would be appropriate to make on your behalf.  To speak with a Coker Law personal injury attorney or for more information call (904) 356-6071 or click here to schedule a free consultation.

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