A National Injury Law Firm


Defective Toy

Injured by a Defective Toy? Request a Free Case Review with a Cook County Product Liability Lawyer

The irony of defective toys and recreational sports equipment is that a fun activity can become tragic in the blink of an eye when the user is seriously injured by either of these consumer products. Often – but not always – the victim is a child or young adult with a lifetime yet to be lived. The tragedy is further amplified if the injury leads to years of physical and occupational disability or wrongful death, for which a Cook County product liability lawyer can help seek justice when the victim is injured by using any of the following.

Defective toys and other children’s products such as car seats, cribs, strollers, baby gates, pacifiers and walkers can injure a small child before a parent or caregiver is even aware there is a problem. Unfortunately, toy recalls from the United States Consumer Product Safety Commission can come too late before serious injuries begin to pile up, especially if the device comes with inadequate warnings about the toy’s potential dangers.

Dangerous sporting goods and recreational equipment can lead to personal injury and wrongful death lawsuits. A few such hazardous items include defective bike and football helmets and other athletic safety equipment, exercise devices, trampolines, playground swing sets, skateboards, three and four-wheeled ATVs, snowmobiles, and other sports equipment.

A product liability lawyer can hold all parties associated with the product and its supply chain legally liable for damages, including the manufacturer, distributor and retail outlet that sold the product if a product is designed or manufactured in a way that makes it a physical threat to consumers.

Possible Defects and Dangers in Children’s Toys

When a young child is injured by a defective toy, the parent or guardian must file a personal injury claim. Children, especially the very young, can be injured by a defective or dangerous toy in any of the following ways.

  • Choking: Tiny toy parts can easily become detached during normal play, and swimming pool toys can pose serious choking/drowning threats to small children.
  • Sharp, pointed edge wounds can be tragic for children of any age, especially if the injury occurs to the face or eyes.
  • Missing warning labels fail to caution parents of any likely risks or dangers associated with the toy or advise parents that a toy might be improper or dangerous for children who are younger than the suggested age range.
  • Dangerous packaging can pose special hazards to small children and cause suffocation or choking injuries.

A few of the many children’s toys that can harm a child include:

  • Stuffed animals
  • Dolls
  • Kitchen sets
  • Toy guns
  • Inflatable toys
  • And many more

Claims and Cases for Defective Toys and Recreational Equipment

Thanks to our global economy and the constant pressure on all manufacturers to lower costs and maximize profits, many children’s toys, recreation and sporting equipment are cheaply made in overseas factories and have little to no quality control. These sources account for an alarming percentage of defective product injuries. But an experienced attorney will tell you that does not relieve the domestic company that marketed, distributed or sold the defective product from liability when injuries or wrongful deaths occur.

Damages that may be recovered by the victim and/or their family include:

  • Medical expenses, including those associated with rehabilitation and disability
  • Lost wages, including future earnings had the child or young adult been able to lead a normal life
  • Pain and suffering, including emotional trauma
  • Wrongful death damages if they apply
  • Possible punitive damages depending on the circumstances of the case

The statute of limitations to file any defective product lawsuit in Illinois is 10 or 12 years, depending on when the product was introduced to the market. There are no limits to the amount of reasonable damages injured victims in a defective product case may be awarded.

If you or your child were injured by a defective toy or sporting or recreational equipment, Buttafuoco & Associates will evaluate your case at no cost. Contact us anytime by calling 1-800-NOW-HURT or use our online contact form.