Toys are supposed to bring joy and fun into our children’s lives. But what if a toy isn’t as safe as it seems?
At BANA LAW, PC, our team often gets questions from parents who worry about toy safety. As California product liability lawyers, we help families when a dangerous or toxic toy causes harm. Let’s explore how to tell if the toys you buy for your kids are truly safe, and what to do if they’re not.
How Strict Are California’s Toy Safety Laws?
California has some of the strictest toy safety laws in the country. Lawmakers want to be sure that toys for kids are free from hazards, both in the materials used and in the design.
- HSC § 108555: This law forbids the sale or manufacture of toys with toxic substances like lead, arsenic, or mercury above federal limits.
- HSC § 108937: This bans certain levels of chemicals called “phthalates,” used in plastics. If these are too high, the toy can’t be sold in California.
- HSC § 101239: Toys in child care settings must be free of toxic materials and be age-appropriate.
If a company ignores these rules, they can face big penalties. But sometimes, toys with hidden dangers still reach stores.
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Why Are Toys Recalled or Banned?
Toys get recalled or banned when they have problems that can hurt kids. Some dangers aren’t obvious at first, so it’s important to understand what makes a toy unsafe.
Toxic Materials
Toys might have paint with too much lead. Even small amounts of lead are unsafe if a child chews on or sucks the toy. California law specifically bans lead and other metals. This also includes concerns about harmful plastics and dyes.
Small Parts
If a toy has tiny detachable pieces, babies or toddlers can choke on them. Even older kids might accidentally swallow something they shouldn’t. This is why many toy packages list the suitable age range.
Mechanical or Explosive Defects
Some toys run on batteries or have small motors. If poorly built, they might overheat or catch fire.
Strangulation Hazards
Long cords or strings can wrap around a child’s neck or limbs. Companies are supposed to design toys with safety in mind, but mistakes happen.
What Should I Look for on Toy Labels?
Always check a toy’s recommended age before buying. Makers test their products to ensure they fit certain age groups. If a label says “Not for children under 3,” it often means there are small parts. You can also look for “phthalate-free” or “BPA-free” on plastic toys. If a toy lacks safety labeling but looks cheap or poorly made, consider skipping it.
Some parents check if the toy meets ASTM (American Society for Testing and Materials) standards. These aren’t the only safety rules, but a label saying “ASTM F963-17” (or a similar code) means the maker followed extra guidelines. While not foolproof, it’s a step in the right direction.
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Can Retailers Be Held Responsible for Defective Toys?
Yes. In California, stores and manufacturers must follow strict rules about labeling and safety testing. If they break these rules, they can be held responsible for injuries. This is part of product liability: when a product’s seller or maker can be sued for selling a dangerous item.
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What If a Toy Has Unsafe Chemicals?
Kids put toys in their mouths. So, if a toy is contaminated with lead or other toxins, a child could ingest it. This can lead to serious health issues, even long-term brain or organ damage. That’s why laws exist banning levels of lead, mercury, and other toxic metals.
If you suspect a toy might be toxic, stop using it immediately. You can also contact the U.S. Consumer Product Safety Commission (CPSC) or check their website for recalls. If your child becomes ill and you think it’s due to a toxic toy, see a doctor right away and keep the toy as evidence.
How Do I Know If a Toy Has Been Recalled?
Companies, under the supervision of the CPSC, issue recalls when they find a serious safety problem. You can:
- Visit the CPSC website: They list all current and past recalls.
- Sign up for recall alerts: You can get emails whenever a product is recalled.
- Check store postings: Many big retailers post recall notices on bulletin boards or websites.
If a toy is recalled, you may get a replacement, repair, or refund. Follow instructions carefully to keep your child safe.
What If My Child Gets Hurt by a Defective Toy?
When a toy causes an injury, it can be scary and confusing for parents. Here are clear steps you should follow right away to protect your child and your rights.
Seek Medical Care
Always treat your child’s health as top priority. Go to a doctor or hospital if needed.
Keep the Toy and Packaging
Don’t throw away the toy or its box. They can be important evidence if you pursue a personal injury or product liability claim. Put everything in a safe place.
Document Everything
Take photos of injuries, the toy, and any packaging or instructions. Save receipts and medical bills.
Talk to a California Product Liability Lawyer
A California product liability lawyer at BANA LAW, PC, can help you figure out if the toy’s maker or seller was at fault. Did they ignore safety standards? Was there a known defect? Our team will investigate and guide you through your legal options.
Can BANA LAW, PC Help Me if My Child Was Hurt By a Defective Toy?
Yes. At BANA LAW, PC, we focus on protecting families when a company’s negligence or shortcuts lead to harmful products.
Our services include:
- Investigating Defects: We work with experts to see if the toy violated safety standards.
- Negotiating with Insurance: Companies might offer low settlements. We push for fair amounts that cover medical bills and suffering.
- Litigation: If needed, we’re ready to go to court. Our legal team has experience fighting tough battles to secure compensation.
We offer No Fees Unless We Win, so you can reach out without worrying about up-front costs.
How Can I Pick Safer Toys?
Choosing the right toys helps keep your child safe from harm. Here are some easy tips you can use when shopping for toys.
- Age-Appropriate: Follow the toy’s suggested age range.
- Avoid Unknown Brands: Established brands often have stricter testing, but not always. Still, a brand you’ve heard of might be safer.
- Read Reviews: See if other parents had safety issues.
- Check for Small Parts: For toddlers, big pieces are generally safer.
- Inspect the Toy: Look for rough edges, loose parts, or strange smells (which might mean chemicals).
When in doubt, ask questions at the store or contact the manufacturer. You have the right to know what goes into the products your child plays with.
Should I Throw Out Old Toys?
Kids outgrow toys, but holding onto old ones might be risky if they’re broken or outdated. Older toys could contain banned chemicals like lead-based paint. If an old toy shows damage (chipped paint, loose parts, missing pieces), it’s probably safer to discard or recycle it.
Contact BANA LAW, PC for a Free Consultation
Worried that a toy caused your child’s injury? Don’t wait. Call (855) 997-6599 anytime, 24/7, or reach out online for a free consultation. Our California product liability lawyers help families across the state. Hablamos Español.
We’re here to protect your child’s rights and hold negligent companies accountable. When you trust us, we handle the legal parts of your claim so you can focus on what truly matters: your child’s health and happiness.
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