Herrling Clark Law Firm Ltd.
When Your Future is at Stake

Appleton defective toy lawyersIf you are like most parents, you take the time to check age recommendations before purchasing a new toy for your child. You may even check to ensure the product has not been recalled, and if you ever learn of one, you get rid of the toy or return the toy or send it in for a refund or replacement. So, what happens when your child experiences an injury, despite all your due diligence? Every three minutes, a parent, somewhere in the United States, asks this same question. Here, we will answer that question so that you and your loved ones know where to turn if your child ever experiences a defective toy injury.

Defective Toys in America

In a landmark study, researchers at the Center for Injury Research and Policy at Nationwide Children’s Hospital examined data from the National Electronic Injury Surveillance Service. A compilation of consumer product injury statistics at over 100 hospitals across the country, the data goes all the way back to 1990. Overall, the data revealed that a child is injured by a dangerous toy every three minutes. More specifically, children at different ages and stages faced different threats.

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Appleton defective product lawyersThe Consumer Protection Safety Act (CPSA) is meant to protect consumers from the risk of death or injury from dangerous and defective products. Enacted by Congress in 1972, it outlines guidelines for the safe production, sale, packaging, and labeling of consumer products. It also regulates manufacturers and requires that they follow a specific protocol if or when a defective product is discovered. Unfortunately, not all manufacturers adhere to the CPSA. For this reason, every American should understand their rights and protections under this Act, including what their rights are if or when an injury or fatality occurs.

Consumers Have the Right to Expect Reasonably Safe Products

Before the CPSA, defects were extremely common. Some products were so dangerous, they put millions of people at risk of death or serious injury. There were toasters that would catch fire, even if not in use, and burn down homes. There were toys that caused strangulation and contained lead paint, which compromised the health and safety of young children. Essentially, consumers never knew what they were buying, or if it would pose a risk to themselves or their family members. It was this problematic situation that led to the enactment of the CPSA.

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Appleton product liability attorneysConsumers have the right to expect that the products they purchase are reasonably safe, and that they will be warned of any potential dangers. Unfortunately, this does not always happen. As a result, victims can be injured or wrongfully killed. A prime example is the recent case against Ikea. Three children were killed when defective furniture tipped over on them. The products never provided any warning. If you or someone you love has faced a similar situation, know and understand your rights, including your right to pursue compensation in a product liability case.

Consumers Have a Right to Expect Products Free from Defect

Before it can be placed on the market for sale or distribution, products must meet certain safety requirements. Further, manufacturers are supposed to perform quality assurance to ensure their products are safe. When they fail to do so, and a victim is injured or wrongfully killed, the company can be held liable. Victims can work to hold them accountable through a product liability lawsuit. This is where Ikea failed. Their dressers, manufactured with a defect that allowed them to tip over, left them liable.

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Appleton WI defective product lawyersElectrocution might seem like an easy situation to avoid, but there are unseen and little known risks everywhere. They come in the form of defective consumer products, such as power tools, hair dryers, dishwashers, refrigerators, and dishwashers. Even more concerning is the rate at which these products lead to serious and life-threatening injuries. If you are a consumer and own any electrical appliance, tool, or device know what your risks are, and how to proceed if an injury does occur.

Report Reveals Some Americans are at Higher Risk

While all consumers who use electrical products are at risk for electrocution from a defective product, a report from the Consumer Product Safety Commission (CPSC) reveals that some Americans are at higher risk than others. Their analysis, which examined the number of electrocution deaths caused by consumer products from 2007 through 2009, found that men were seven times more likely than women to suffer death after being electrocuted by a consumer product. Those between the ages of 40 and 59 were found to be at an especially high risk. In fact, 51 of the approximately 70 deaths per year were experienced by consumers within this age group.

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Appleton product liability attorneys, furniture tip-oversParents go to great lengths to keep their children safe: they teach them not to talk to strangers, they require hand holding to cross the street, and they research the best and safest cribs, register for product recalls, and may even purchase organic baby food to avoid the risks of pesticides. Unfortunately, not all safety practices prevent injuries from occurring, especially when potential hazards go undisclosed or products are defective. Such is often the case with tall furniture that may not even carry a tip-over warning.

Falling Furniture Causes One Child Death Per Year

Tall furniture—chests of drawers, dressers, entertainment centers, bookshelves and more—are relatively safe in most circumstances. However, when it comes to children who may climb on furniture, the center of gravity is shifted, causing the piece of furniture to topple over. The weight of that furniture (paired with any items that may be stored in or on the item) can cause severe injury or even death. In fact, data from the U.S. Consumer Product Safety Commission (CPSC) estimates that, between 2000 and 2011, 349 consumers (84 percent of which were younger than age nine) suffered death because of falling furniture. Another 43,000 (59 percent under age 18) were injured during that same time period.

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Appleton Office
800 North Lynndale Drive
Appleton, WI
54914-3017
(920) 739-7366
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2740 South Oneida Street
Green Bay, WI
54304-5751
(920) 468-7366
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105 East Waupaca Street
New London, WI
54961-1227
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510 North Koeller Street
Oshkosh, WI
54902
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  • Wisconsin Association for Justice
  • State Bar of Wisconsin
  • American Bar Association
  • American Association for Justice
Herrling Clark Law Firm Ltd. is located in Appleton, Wisconsin, and serves clients in Fox Valley, Outagamie County, Brown County, Door County, Kewaunee County, Manitowoc County, Sheboygan County, Fond du Lac County, Calumet County, Winnebago County, including Appleton, New London, Clintonville, Neenah, Oshkosh, DePere, Fond du Lac, Sheboygan, Manitowoc, Kewaunee, Sturgeon Bay, Marinette, Neenah, Chilton, Menasha, Shawano, Waupaca, Wausau, and Green Bay, Wisconsin.
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