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Defective Toy Recalls
Defective toys routinely cause the deaths or injuries of many children each year. Responsible parents know that toys should be age appropriate, and that new toys should be examined for hidden dangers or defects. State and federal laws require that manufacturers use care and prudence to ensure that the products they make are safe for their intended users. Still, defective toys often slip through the cracks.
As a result, in part, the United States Congress passed the Child Safety Protection Act. Effective February 1, 1995 products that are either manufactured in or imported to the United States must comply with this Act. Some of the provisions of the Child Safety Protection Act are as follows.
Some of the dangers that children are exposed to include injuries and damage from:
- Any toy or game intended for children 3 years old or older, but less than 8 years old, that contains a small ball shall bear the following cautionary label: WARNING: CHOKING HAZZARD - Toy contains a small ball. Not for children under 3 yrs.
- Any ball with a diameter of 1.75 inches (44.4mm) or less that is intended for use by children younger than 3 years is banned while any ball with those same dimensions that is intended for use by children 3 years old or older must be labeled: WARNING: CHOKING HAZARD - This toy is a small ball. Not for children 3 yrs.
- Any toy or game that contains a latex balloon, or any latex balloon, shall be labeled: : WARNING: CHOKING HAZARD - Children under eight yrs. can choke or suffocate on uninflated or broken balloons. Adult supervision required. Keep uninflated balloons from children. Discard broken balloons at once.
- Any toys or games intended for use by children 3 years old but less than 8 years old that contain a marble shall be labeled: WARNING: CHOKING HAZARD - Toy contains a marble. Not for children under 3 yrs.
- Any toy or game intended for children 3 years old or older but less than 8 years old that contains a small ball shall bear the following label: WARNING: CHOKING HAZARD - Toy contains a small ball. Not for children under 3 yrs.
Unfortunately, however, no cautionary label can prevent injuries if the person buying the defective toy for the child doesn't notice it, or if the toy has a defect not covered by the label. For example, a toy may contain toxic chemicals, small parts, or sharp surfaces. Even though regulations require that new toys intended for children under eight years of age be free of sharp glass or metal edges, ageing and use may cause toys to break and expose cutting edges.
In addition, electronic toys must meet mandatory requirements for maximum surface temperatures, and electrical construction. If an electronic toy has a heating element, it is recommended only for children that are over 8 years old. Electronic toys that are improperly constructed or wired can shock or burn your child.
Companies that sell defective toys have legal responsibilities and children that are injured by defective toys have legal rights that are designed to protect them. If your child has been injured by a toy that you believe has a serious defect or is inherently dangerous, you will need an aggressive attorney that knows how to vigorously pursue your rights in order to maximize your recovery. At the Ogletree Abbott Law Firm, we have the knowledge, experience and resources to help you. Call us today at 1-(800)- 779-4950. Or, if you prefer, email us at Info@Ogletreeabbott.com and we will contact you right away about your defective toy claim.
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