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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 defective products attorneys, toy injuriesToys can do more than just provide fun and entertainment for children; they can also aid in development, growth and learning. Unfortunately, certain toys—even the most innocent looking ones—can pose a threat. Thankfully, an ounce of prevention (and sometimes a lot of supervision) can go a long way when it comes to keeping children safe from potentially dangerous toys.

Pay Attention to the Packaging

All toys should have an age recommendation on their packaging materials. Sometimes, parents consider these as a set of guidelines; however, they are actual warnings to let parents know there may be risks involved with giving the toy to a child that is younger than the minimum recommended age. Other important warnings—small parts that may pose a choking hazard, or do not expose or use near fire—are often listed on the outside of the package.

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