WATCH Releases 2022 Top 10 Worst Toys List

With the upcoming holiday season fast approaching, parents across the country need to make sure the toys that their children get are safe. Although they are meant to be entertaining and fun, some toys have hidden hazards that can put children at risk of injury or death. Although there is a federal agency that oversees toys and other products, they do not have enough time or means to inform consumers of their safety hazards.

Parents and caregivers have the right to know that the toys their children are playing with are safe and free of any dangers. Fortunately, World Against Toys Causing Harm, Inc (WATCH) revealed their 50th annual nominees for the “10 Worst Toys” for 2022. WATCH identified hazards in toys to help parents do so for the toys they already have at home or before purchasing. These safety concerns can include coin cell batteries that may be ingested, chemical burn injuries, blunt force injuries, or suffocation. WATCH also identified toys that have unrealistic warnings and instructions and reveal toy recalls.

According to the Consumer Product Safety Commission (CPSC), there were almost 198,000 toy-related injuries in 2020. Additionally, it is reported that 51 children have died from toy-related incidents between 2018 and 2020.

The nominees for the “10 Worst Toys” of 2022 according to WATCH and why they are dangerous include:

  • Cocomelon Musical Learning Watch – Potential for battery ingestion injuries
  • Disney Raya’s Action & Adventure Sword – Potential for blunt force and eye injuries
  • Li’l Woodzeez Tickle-Your-Taste-Buds Bakery – Potential for choking injuries
  • Black Panther Wakanda Battle Claws – Potential for eye and facial injuries
  • Zeus Lion – Potential for ingestion/aspiration injuries
  • Dingray Musical Bath Toy – Potential for ingestion and choking injuries
  • Ooze Labs Chemistry Station – Potential for chemical-related injuries
  • Bunny Rabbit Cuddly Pillow – Potential for suffocation
  • Pop’N Fidget Spinners – Potential for choking injuries
  •  Nerf Pro Gelfire Mythic Blasters – Potential for eye and facial injuries

Many of the toy-related injuries are preventable, which makes every injury and death even more tragic. WATCH calls for more tools to give the CPSC the ability to warn consumers immediately when a hazard has been identified or there is a record of a child being harmed. The CPSC could also benefit from more funding, more product testing, and stricter safety requirements.

Over the past year, there were many toys that were subjected to recalls due to a variety of defects. Defects such as choking hazards or lead-poisoning risks have been well known in the toy industry for decades but is still consistently a problem. It is important to remember that recalls are reactive and not proactive, and that not all unsafe toys are recalled because of the lack of policing and safety regulations.

What is Product Liability?

Every year, Americans are harmed by the products they purchase, despite manufacturers ensuring their safety. If you or a loved one has been injured by a defective product or toy, then the area of law that should concern you is product liability. You would either require a product liability or personal injury lawyer for legal guidance.

There are several different products that can be defective and cause an injury, including:

  • Automotive defects: Car manufacturers are subjected to meet certain government requirements. However, when a car’s components fail or are defective, such as brakes, airbags, seatbelts, or tires, this could lead to serious injuries or even death.
  • Toys: Defective toys are quite common, mainly because of their lack of regulations. Defective toys can lead to chemical burns, asphyxiation, cuts, choking, or blunt force trauma injuries.
  • Pharmaceutical drugs: Defective drugs are dangerous and are sometimes manufactured or recalled.
  • Medical devices: The Food and Drug Administration (FDA) recalls defective medical devices, which could lead to further injury, cancer, serious injuries, or death. Some defective medical devices include orthopedic products, hip implants, and transvaginal mesh implants.
  • Tools and appliances: Tools and appliances can become dangerous when they fail safety protocols or lack sufficient guarding. Defective tools and appliances can lead to serious injuries such as burns, electrocution, or death.

There are three different types of product liability claims that include defective parts or design, or ineffective warning signs. If you have suffered an injury due to a defective product, there are three different types of liability claims you would likely pursue:

  • Defective design: When there is a defect detected in a product before the product was manufactured, this is known as a defective design claim, which then means the design flaw leads to the product to be dangerous.
  • Defective manufacture: This occurs when a product is not designed the way it was originally intended yet causes an injury due to that defect. A defective manufacture claim is based on strict liability, meaning that you do not have to prove that the manufacturer was negligent, just that it’s error caused your injury.
  • Failure to warn: Sometimes a product may have an inadequate warning or instructions on how to use the product, which leads to an injury. For instance, this may include a medication that did not list dangerous side effects on their product’s warning label.

Proving a Product Liability Claim

Proving a product liability claim can be a difficult and complex endeavor, where you must show that your injury occurred because of the product’s defect. You must prove that you were using the product as intended, yet the defect in it’s design, manufacture, or warning caused your injury.

You must also prove that it was not your own negligence or recklessness that caused your injury but the product’s defect and that alone. Should you use the product in a way that was not originally intended, that would jeopardize your claim and may not reach a positive outcome.

The best option you have in a product liability claim, such as a defective toy that injured your child, is to seek legal representation from a personal injury lawyer as soon as possible.

Springfield Personal Injury Lawyers at Kicklighter Law Help Families Injured by Defective Toys or Products

If you or a loved one in your family has been injured by a defective toy, then contact the Springfield personal injury lawyers at Kicklighter Law right away. Our team has years of experience and can help you get the compensation you deserve. Call us today at 912-754-6003 or fill out our online form for a consultation. From our offices located in Springfield, Georgia, we proudly serve all clients of Springfield, Effingham County, Savannah, and surrounding areas.