A leading market research company report indicates that global toy sales are a steadily increasing multi-billion-dollar industry. Every year, manufacturers release nearly 5,000 new toys into the consumer stream. Many of these products are fast-tracked with growing competition, leading to shoddily constructed and potentially dangerous toys. If a child suffers injuries because of a defective toy, their family may recover under Florida’s product liability laws.
The United States Consumer Product Safety Commission (CPSC) reports that over 200,000 children receive treatment at hospital emergency rooms because of injuries related to defective toys. In some cases, the child misuses the toy; however, many of these injuries are caused by the toy’s dangerous propensity. According to the most recent data published by the CPSC from 2018, there were 17 toy-related fatalities among children under 15-years-old. The majority of fatalities were related to non-motorized scooters. Other fatalities were related to motor vehicle involvement and drownings. The next set of toys involved were rubber balls, stuffed toys and doll accessories, and water toys. Other notable tragic deaths were related to balloon choking, plastic toy food, water guns, and toy dart guns. The report also shows there were almost 230,000 toy-related injuries for all ages treated in U.S. emergency rooms. Toy-related injuries can range in severity; however, many accidents lead to brain injuries, fractures, burns and puncture wounds. In some cases, these injuries can result in life-long disability and pain.
In light of this harrowing data and in conjunction with the influx of toys, many children received over the holidays, and during the lock down, parents should examine toys for potential hazards. If a child suffers an injury because of a defective product, Florida permits three main types of product liability lawsuits: manufacturing defect claims, design defect claims, and failure to warn claims.