Children are especially vulnerable to product hazards. Their developing bodies, natural curiosity, and inability to recognize danger mean that products designed for children must meet the highest safety standards. When defective toys, baby products, and children's equipment cause injuries, manufacturers face strict product liability.
Common Children's Product Hazards
Choking hazards are the leading cause of toy-related deaths. Small parts that detach, toys with undersized components, and products not appropriate for their marketed age group can block airways. Products intended for children under three must meet strict small parts requirements.
Strangulation hazards from cords, straps, and strings on toys, window blinds, and infant products cause approximately two dozen deaths annually. Draw cords, pacifier attachments, and clothing drawstrings have all caused strangulation deaths.
Tip-over hazards from unstable furniture, televisions, and appliances kill children when these items fall on them. Dressers, bookshelves, and large-screen televisions must be designed to resist tip-over.
Toxic materials including lead paint, phthalates, and other hazardous chemicals have no place in children's products. Despite bans, contaminated products continue reaching consumers through lax manufacturing and inadequate testing.
Infant Product Defects
Cribs and bassinets have caused numerous infant deaths from entrapment, suffocation, and structural collapse. New crib safety standards banned drop-side cribs after hundreds of injuries and deaths. Used cribs and older designs may not meet current standards.
Infant inclined sleepers like the Fisher-Price Rock 'n Play caused over 90 infant deaths before being recalled. Inclined sleep surfaces allow infants to roll into positions that obstruct breathing.
Baby carriers and slings have caused suffocation when infant airways were blocked against fabric or adult bodies. Proper design and clear instructions are essential for safe use.
High chairs, strollers, and car seats can fail structurally, have defective restraints, or collapse unexpectedly. These products must protect children during both normal use and foreseeable accidents.
Toy Safety Regulations
The Consumer Product Safety Commission regulates toy safety under the Consumer Product Safety Improvement Act. Mandatory testing and certification requirements apply to children's products. Violations of these standards support product liability claims.
Key requirements include lead content limits, phthalate restrictions, small parts testing for products marketed to young children, and mandatory third-party testing and certification.
Age-Appropriate Design
Products must be appropriate for their intended and foreseeable users. A toy marketed to toddlers must be safe for toddlers, accounting for how young children actually use products—including putting things in their mouths, rough handling, and unintended uses.
Age labels are not a defense if the product is actually used by younger children in foreseeable ways, or if the age label itself is inappropriate given the product's characteristics.
Failure to Warn Claims
Children's products must include appropriate warnings directed at parents and caregivers. Warnings must be prominent, clear, and explain both the danger and how to avoid it. Inadequate warnings—even on otherwise well-designed products—can create liability.
Warning adequacy is judged by whether a reasonable parent would understand the risk and know how to protect their child.
Pursuing Children's Product Claims
Preserve the product that injured your child. Don't discard it, repair it, or allow others to examine it without consulting an attorney. Photograph the product, the scene, and your child's injuries.
Check the CPSC website for recalls involving the product. Report the incident to CPSC at SaferProducts.gov. Gather purchase receipts, packaging, and instruction materials.
Seek immediate medical attention for your child and document all treatment. Children's injuries can have long-term developmental effects that may not be immediately apparent.
Damages in Children's Product Cases
Claims for children's injuries can recover medical expenses (including future care for developmental impacts), pain and suffering, disfigurement and disability, and loss of earning capacity for permanent injuries affecting future employment.
Parents may have additional claims for emotional distress from witnessing their child's injury or its aftermath.
Contact a product liability attorney experienced in children's product cases. These claims require understanding of specific regulations and safety standards applicable to children's products.