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Parents Should be Aware of these Problems with Toys


No parent knowingly makes a purchase to put his or her children at risk. Nonetheless, there are many products on the market that could spell disaster for your little ones. There are plenty of issues to watch for, from items that may have choking hazards, to items from China or South Africa that have lead paint. Some products do not always work as designed, putting your child at risk. Others have inherent safety issues when used as directed. That’s why, with the holidays quickly approaching, it’s a good idea to familiarize yourself with recent product recalls  and reports of dangerous toys that might affect your gift choices this year. And if your child does suffer harm after playing with a dangerous product, consult a dedicated local personal injury attorney right away.

Dangerous Toys

 Unfortunately, the list of unsafe toys is too lengthy. Here is just a sampling of items that caught our attention in 2017-18:

  • CFMOTO Off-Highway Vehicles: The ROVs have a problem with the throttle pedal. Instead of resting in the stop position and idling, the throttle can be pushed into gear, meaning your child won’t stop as intended.
  • Creative Sto Toy Instrument Sets sold by Amazon are painted with toxic lead paint, creating the potential for serious health issues;
  • Infant Rattles sold by i play have tiny pieces on them that could lead to choking;
  • Tolo Toys makes a Pull-Along Pony that has a cord which is longer than allowed by regulation, making it a choking hazard;
  • The Wonder Woman Battle-Action Sword made by Mattel is constructed from a stiff plastic that can lead to injury as children swordfight;
  • The ever-popular Hand Fidget Spinners have been connected with choking incidents due to small rings that may be detached from the toys;
  • The Spider-Man Drone, on the market by Mattel, can injure children with the spinning blades;
  • The Slackers Slackline Classic Series Kit found in toy stores is essentially a tightrope- walking toy. The obvious hazards are related to falls, but there is also a risk of strangulation;
  • Jetts Heel Wheels, which are wheels that kids can strap on to their shoes, have a skid pad that actually shoots out sparks when the child brakes. Obviously, the burn risk with this toy is real.

Filing a Liability Claim

 Florida law has a statute of limitations for product liability claims:

  • 4 years for injuries;
  • 2 years for wrongful death.

The time is calculated based on the date the problem was discovered (or should have been discovered). If the court finds that the injury was partly the fault of the parent, the amount of damages received will be lessened proportionally to the degree of fault. That might be the situation in cases where products were not used as intended or warnings were ignored.

Your Next Steps

 At the Law Offices of Robert W. Elton, we sincerely hope that an unsafe product never injures your child.  In the event that your family does encounter dangerous products that cause harm, allow our responsible and experienced legal team to fight for justice on your behalf. Contact us in Daytona & Ormond Beach for a confidential consultation today.