Consumers in Texas encounter children’s toys often. Whether it is a toy for their child, a family member or a friend’s child, the safety of these children’s toys is a major concern. A defective children’s toy could lead to serious injuries or even death, so it is crucial that adult consumers are aware of these potential dangers and understand their rights when a consumer injury occurs due to a defective or dangerous product.

A recent consumer report by the U.S. Consumer Product Safety Commission focused on the toy-related deaths and injuries occurring in 2013. According to the report, nine toy-related deaths were reported that calendar year. Of these, two were associated with a riding toy while the remaining seven deaths were caused by asphyxiation.

With regards to toy-related injuries, roughly 256,700 toy-related injuries were treated at the hospital during 2013. Of these toy-related injuries, roughly 58 percent of the children victims were male. While there is not a significant trend for cause of injury, approximately 43 percent of those injured suffered lacerations, contusions or abrasions.

Furthermore, of all the injured children arriving at the emergency department for a toy-related injury, roughly 96 percent of the victims were treated and released. This could suggest that the injuries suffered from toys are more likely to not be severe or life threatening.

No matter the cause of the severity of a toy-related injury, parents should understand the situation, and their rights and remedies. In these matters, a manufacturer or seller could be liable for the injuries or fatalities caused by a children’s toy. A product liability claim could be filed in order to recover compensation for their losses and damages.

If a parent seeks to file a cause of action for a defective toy, it is important to understand the process and their rights. Seeking legal guidance could help ensure they are aware of their options and remedies available to them.

Source: U.S. Consumer Product Safety Commission, “Toy-Related Deaths and Injuries Calendar Year 2013,” accessed Feb. 2, 2015.

Author: Burch Law Firm

The founder of our law firm, attorney Troy D. Burch, Jr., is a native of New Braunfels and understands the concerns and legal needs of his neighbors in Central Texas. His family’s roots in the region run deep. His father, Troy D. Burch, Sr., was a head football coach and athletic director in New Braunfels for more than 31 years.