Children’s Product Recalls Highlight Serious Safety Risks—And Potential Product Liability
Children’s products are perhaps the most heavily regulated consumer products, yet unsafe products find their way into homes across America every year. The recent recalls of toys, teethers, and nursery products demonstrate that even minor defects in product design or manufacturing can cause significant safety hazards, from choking to strangulation to poisoning. When a child is harmed by a recalled product, many people want to know: who is liable? In many cases, it’s the company that manufactured the product and the retailer that sold it.
The role of the CPSC in product safety
The U.S. Consumer Product Safety Commission (CPSC) is responsible for keeping an eye on consumer products that are for sale in the U.S. If a product is deemed to pose an unreasonable risk of injury or death, the CPSC can issue a recall.
The CPSC has issued recalls for children’s toys that were for sale on online marketplaces like Amazon. These toys allegedly fell apart when used normally, which posed a choking hazard. In some cases, there were dozens of reports of problems with the product before it was recalled.
Common defects in children’s products
Product liability cases for children’s products frequently center on one or more of the following types of product defect:
- Design defects – A product is deemed to have a design defect when it’s considered unsafe by its very nature, despite being manufactured properly. A toy, for instance, could have a design defect if it is manufactured in a way that allows small parts to detach, which could be hazardous for young children.
- Manufacturing defects – Manufacturing defects, on the other hand, occur when a product departs from its intended design as a result of errors in the manufacturing process, which could be due to the quality of materials used, the way in which the product was assembled, and the quality control process.
- Failure to warn – Failure to warn is another theory of product liability. This is particularly important in the case of children’s products, as children cannot be relied upon to be aware of the potential hazards and to take steps to avoid them. The responsibility to provide adequate warnings and instructions is particularly important for products that are designed for use by infants and toddlers.
Online marketplaces and expanded liability
A large number of the recalled children’s products are sold on large online platforms like Amazon rather than brick-and-mortar stores. This has made product liability cases more difficult, as the victim’s families must accuse multiple parties. It’s not just the manufacturer that can be held liable; the retailer can also be held liable. In some cases, even the distributor can be targeted.
Courts are not being called on to decide whether online platforms like Amazon should be held liable for the sale of a dangerous or defective product.
Talk to a Florida Product Liability Lawyer Today
Halpern, Santos & Pinkert represent the interests of Florida residents who have been injured by a dangerous or defective product. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.
