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Products Liability

Toxic Toys

April 29, 2013 | Michael Barasch

Each year, the U.S. Consumer Product Safety Commission (CPSC) recalls millions of dangerous consumer products. Many of these recalled products were intended for children.

The CPSC’s website publishes a continual updated list of recalled products. Consumers can also subscribe to email newsletters to receive news releases and recall information. In 2012, four million Bumbo Baby Seats were recalled because they posed a hazard from falls. Numerous skull fractures were reported as a result of using these seats.

Several other products for children have already been recalled by the CPSC this year. Two types of Dynacraft City Motor Scooters were recalled because they can suddenly accelerate and cause the rider to lose control. Mutsy USA EVO strollers were recalled because they pose a strangulation hazard.

The Consumer Product Safety Improvement Act (CPSIA) of 2008 requires children’s products to:

  • Comply with all applicable children’s product safety rules
  • Be tested for compliance by a CPSC-accepted laboratory
  • Have a written Children’s Product Certificate for evidence of the product’s compliance
  • Have permanent tracking information affixed to the product and its packaging.

Under federal law, if a manufacturer, distributor, or retailer learns of information indicating that a consumer product could be hazardous, the company is required immediately to report this information to the CPSC. Unfortunately, some companies are hesitant to report this information for fear of a costly recall. In doing so, however, they put you and your family at serious risk.

Consumers are eligible for compensation when they are injured by a product defective in its design, manufacturing, or marketing (e.g., improper instructions on a label). If your child was injured by a defective product, consult a knowledgeable New York products liability attorney to provide skilled legal guidance and fight for the compensation your child deserves.

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