Worthington Law Group
Injury Law Report

Childhood is supposed to be a time of joy and play, but the unfortunate fact is that the toys children play with are frequently dangerous. The Consumer Product Safety Commission (CPSC) handles toy recalls and in 2007 ordered the recall of 45 million toys. More than 200,000 children had toy related visits to the emergency room in 2008, a 54% increase from 1999. Nineteen children died in 2008 because of dangerous or defective toys.

So why are toys becoming more dangerous? The answer is to a large degree the sophistication of today’s toys. Many are composed of smaller parts that contain hidden dangers. Also, many toys are now manufactured outside the United States, free from effective safety oversight.

Finally, most parents know the common dangers that toys present, including the danger that small children will choke on small parts. Many dangers are hidden, including the presence of asbestos and other carcinogens. Even small magnets commonly found in toys today are hazardous. When those magnets are swallowed, they can attract each other through the intestinal walls, causing serious internal injuries and even death.

As toy fads change, the dangers change. Recently scooters have become popular. Lately, scooter accidents accounted for the largest number of toy related injuries. Recalls for lead have also spiked in recent years. Why? Lead is a cheap filler used to produce less expensive jewelry and charms. For example, CPSC guidelines limit the lead content of toys to 0.06%. In 2006 a small charm that was being given away with the purchase of children’s shoes was found to contain 99.1% lead. The ingestion of one of those charms killed a child.

Other kinds of injuries caused by toys are more foreseeable but still happen. Long cords on a toy can lead to strangulation or suffocation. Choking injuries are also common. These happen frequently when a younger sibling swallows a toy that might be safe in the hands of an older childf.

Latex balloons present a well known choking danger, as do toys with parts that can be pulled off during rough play. Many toys (especially those aimed at boys) shoot projectiles, which can cause injuries to the head or eyes. Even projectiles too soft or too small to cause impact injuries can be dangerous. In 2007, a Chicago nine year old choked to death on a two inch long soft dart.

Unfortunately, as toys become more dangerous, regulation is becoming less effective at injury prevention. The CPSC has a small staff and budget and can barely inspect a small percentage of the toys sold in the United States. Accordingly, the CPSC is often forced to play “catch up,” warning of dangers or ordering recalls only after children were hurt or killed.

Most toys are made overseas in countries like China. As ineffective as domestic regulation is, regulation in these foreign countries is frequently nonexistent. Because of the lack of regulation, dangerous ingredients may be found, such as lead in toys or cadmium (a carcinogen) in jewelry and in batteries that may overheat and catch fire.

Some toy companies have even discovered that Chinese manufacturers substitute less expensive but more dangerous chemicals for more expensive but less dangerous ones without informing the toy company. An example of this practice that received media attention was the substitution of one kind of glue for another in a child’s toy. Children who ate the toy became very sick. This would not have happened if the proper glue had been used .

Given the lack of effective oversight, parents are the first line of defense for their children. Make sure that the toys you purchase are age appropriate. Remember to keep toys with small parts away from younger children. Teach your children not to put toys in their mouths and not to shoot anything at another person’s face.

If you believe that your child has been injured by a toy, report it to the CPSC. Finally, if your child has suffered a serious injury, hire a lawyer. If dangerous toys become unprofitable, companies will learn to make safer ones.

Over the past century, the world has seen a number of industrial advances that have improved the length of our lives and our standard of living. Unfortunately, an unintended byproduct of industrial advances has been the increasing amount of dangerous and toxic substances polluting the environment.

Many people recognize the names of some of the most famous (or infamous) disasters, such as Love Canal or Three Mile Island. Unfortunately, there are hundreds, if not thousands, of sites all over the United States that are too contaminated with toxins to be used and area waiting Environmental Protection Agency cleanup. Perhaps you unknowingly live near one of these contaminated sites.

Dangerous substances are everywhere. Many older buildings still have lead based paint, which can cause brain damage, most especially in children. For years, many workers were regularly exposed to asbestos, now known to be a leading cause of lung problems and cancer. Dry cleaning chemicals and other solvents can cause brain damage and organ failure. Pesticides used on crops can cause birth defects. Waste seeping out of a landfill can cause varied problems including groundwater contamination and leukemia. The list goes on and on and on.

With the rise in the number of these toxins, there has been a similar rise in so called “toxic tort” cases. A toxic tort case is nothing more than a lawsuit to recover for an injury or a death caused by exposure to some toxic substance.

Toxic tort cases can be difficult and expensive to win. Often, people become ill without knowing why. It may take years to trace their problems back to the specific toxin causing the illness. Because corporate polluters are not anxious to advertise their involvement with poisoning the environment, tracking down the party responsible for the toxins can also take years.

Finally, you must show the connection between the toxin residing in the environment and the injury. Expert scientific, medical, and engineering testimony is usually required to demonstrate that connection. People who bring toxic tort suits against polluters often have to prove that they have, in fact, been injured. They also have to prove that they are not hypochondriacs who are just imagining some problem that actually doesn’t exist.

If you have been injured from toxic substance exposure and are considering legal action, please contact us for advice and guidance. Given the complexity of such cases, having good legal counsel is critically important to help you file a legitimate claim. Having good legal counsel ensures that you do not miss some deadline for filing your claim, that you prepare the necessary legal paperwork, and it helps you present your case to the jury.