Parents around the globe recently watched their children unwrap the toys they have been waiting months to receive. But while parents like to think that the toys they purchased for their child will only bring joy, that is not always the case.
According to the WashPIRG (Public Interest Research Group) Foundation’s yearly report, Trouble in Toyland, toys can stay on the shelves – and within reach of parents and children – even after they have been recalled.
The foundation found that many recalled toys are still being sold, and that there is a particular problem with these toys that are being sold online. A glockenspiel (a xylophone-like instrument) was recalled in February of 2016 due to lead found in the paint, which can be harmful if ingested.
A few months later in June of 2016, a remote-controlled toy that flies through the air was found to have a defective USB cord, which could overheat and cause burns, or even fire damage.
And a pencil case that relied on two magnets to close was found to be a potential hazard as the magnets could be ingested, causing severe internal damage to a child’s intestines as the magnets connected internally.
These were just three of the defective products the WashPIRG found in their latest study, and it indicates a huge problem when it comes to the selling of toys.
Attorney Jim Higgins commented, “Parents of course, need to perform their own due diligence by buying age-appropriate toys and regularly looking for recalled items. However, it is understandable that when parents see toys for sale, whether on a store’s shelves or online, they assume the product is safe for their children to use.”
Under Washington state law, manufacturers and retail stores cannot legally sell a toy they know is defective or has been recalled. And it is the store’s responsibility to remove recalled toys from shelves.
Because of this, parents of children that have been injured by a toy that was purchased after its recall date may have a product liability case that they can bring against the retail store – even when that store is online.
This law may be the only protection parents have, but they must be able to prove that the child suffered injuries, and that the injuries were due to the defective toy. Simply purchasing a defective product is not enough to take a product liability case to court.
