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Stay Informed Before Holiday Shopping

Posted by David P. McCormack

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David’s technical and analytical approach to personal injury cases has served his clients well for over 15 years. Recognized for his commitment and intensity, David has consistently been recognized by his peers, and has successfully argued in front of the Massachusetts Supreme Judicial Court. Meet David

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Black Friday and Cyber Monday are just around the corner. Retailers are preparing for swarms of shoppers, while parents are ready to grab the latest and greatest toys for their kids. With everyone caught up in the sales and deals, it’s easy to overlook safety. 

Make sure what you’re buying is safe by checking the Consumer Products Safety Commission’s (CPSC) website for recalls. The CPSC, an independent regulatory agency, is responsible for protecting and informing the public about potentially dangerous products. They keep an updated a list of defective children’s products that have been recalled. The list is more than just toys – it also includes car seats, highchairs, cribs, and more.  

Children’s products can be defective in several ways:

  • Design Defects: Products were made according to the manufacturer’s plan, but that plan itself was faulty.
  • Manufacturing Defects: Products do not meet the manufacturer’s design plan.
  • Poor Instructions and/or Warnings: Products fail to warn the user about the potential dangers of using the product. The product labels, packaging or manual may be missing, incorrect, or incomplete.

Retailers can be liable for injuries their products cause. Most recalled products can be returned for a full refund or can be repaired or replaced at no additional cost.  

While toy companies may provide warning and safety labels on their products, there can still be unexpected hazards. Children are more at risk because they aren’t aware of hazards like sharp corners, flammable fabrics, or small parts.  

In late 2018, the CPSC released its Toy-Related Deaths and Injuries Analysis for 2017. There were 251,000 emergency room visits reported for injuries from toys like rubber balls, stuffed toys, dolls and doll accessories, balloons, and water guns.  

There were 13 toy-related deaths in 2017. Riding toys, such as non-motorized scooters, accounted for 7 of the reported deaths. Other toy-related deaths in 2017 were a result of drowning, airway obstruction, aspiration, choking, suffocation, and poisoning.  

Always remember to choose toys with care, check the age label on packaging, and follow instructions closely, while keeping in mind the age and skill level of the child.  

SUGARMAN’s team of personal injury attorneys have extensive experience representing clients who have been harmed by unsafe consumer products.  If you or a loved one has been harmed by a dangerous or defective product, please fill out a contact form, call us at 617-542-1000 or email info@sugarman.com.