With the hustle & bustle of the holidays approaching, many parents and caregivers are scrambling to get their kids the hottest toys of the season. However, too many adults assume that if a toy has made it onto a retailer’s shelves, it is safe for children to play with. The sheer number of toys and games flooding into homes over Christmas poses a serious health risk for children—especially if the toys have been poorly made.
The “Trouble in Toyland” report commissioned by the U.S. PIRG Education Fund lists potential gifts that have been officially recalled since January of last year.
Once something is recalled – it’s taken out of stores. But recalled items can slip through the cracks online and or at yard sales and secondhand shops.
To view the full report click here – details of which toys starts on page 15 on the report.
Learn what to look for this holiday season and make sure that the toys your child is receiving are completely safe for them to play with.
For a free legal consultation, call 516-451-7900
Toys to Look Out for This Holiday Season
Though we do our absolute best as parents to look out for our children in any and every way we can, there will still always be some instances in which we cannot control who gives them what. For babies, gift-giving is a little bit easier because they are very limited in what they can play with. After all, no one is going to give a newborn or even a six-month-old baby a china doll or sports equipment.
However, there are still risks with items given to infants as gifts to be aware of as a parent. For the last few years, there have been product recalls specific to a variety of sleep-and-play swings made by different brands. One of these baby product recalls for 2019 was the Fisher-Price Rock ‘n Play sleeper, which just back in April of 2019.
After more than thirty infant deaths since the release of the product in 2009, due to babies rolling over while unrestrained in the sleeper, Fisher-Price decided to recall all 4.7 million products of this model, and consumers were notified that they should immediately cease using the sleeper and get a refund.
Because this particular recall was so recent, the rock and play sleeper may still be on the shelves of secondhand stores or even antique shops that also carry modern items. Not everyone hears about recalls when they happen, so it is important to always do your research on a product before purchasing it to be sure you are not preparing to buy something that has been publically deemed unsafe.
In fact, reading reviews online is a great way to do your own research on a product. Often, the people reviewing on the Internet are not associated with any company, but rather they are genuine consumers who want to either warn people about a faulty product or praise an excellent one.
Another recalled product to beware for children that may be a bit older is pajamas. This may sound rather silly, but depending on the material of which the pajamas are made, they could be putting your child at great risk. For example, Go Couture, a children’s clothing company had released a line of children’s sleepwear in August of 2016 that somehow failed the federal flammability standard, putting the children in these sleep sets at risk for burn injuries. The pajamas were recalled in April of 2019.
What Can Happen if I Accidentally Purchase a Recalled Item?
It can be frustrating when someone buys your child something that has been (unknowingly to the gift-giver) recalled for safety concerns because to an overprotective parent it can feel like an entirely preventable situation. But what happens if you are the one who bought the item?
In most cases, when a recall is announced for a product, that product is completely removed from the shelves of the main stores to which it had been sold and consumers are able to request a refund. This can generally be done by calling a designated number given by the company or going online and completing a request, and you usually must have a receipt as proof of purchase to get all of your money back.
In the event that you missed the news of the recall and bought an item at a secondhand shop, the situation can seem like it would be trickier to get your money back or to take legal action if the product did end up causing harm, but the responsibility still lies with the shop owner. Any shop is liable for the products it sells, and for secondhand or vintage shops, in particular, the owners are entirely responsible for their resellable items. Selling an item that has been recalled was deemed illegal in August of 2008 and noted as such in the Resellers Guide created by the U.S. Consumer Product Safety Commission.
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Contact a Product Liability Lawyer in Nassau or Suffolk, NY
When the holidays come flying around the corner, you do not want to have to worry about whether or not your child’s new toys will cause them harm. Unfortunately, we cannot always control the items that other people like friends or grandparents buy for our kids. If your child has suffered bodily harm or serious side effects from a recalled toy that should have been removed from a store’s shelves, you may be entitled to compensation.
Give the office of Rosenberg & Gluck LLC a call today and let our product liability lawyers fight for you. We have the experience and knowledge of working within the legal sector of consumer liabilities to create the strongest case possible for you. Call (631) 451-7900.
