For any toys manufactured for children under the age of fourteen, the CPSCA (Consumer Product Safety Consumer Act), along with the Consumer Product Safety Commission, sets strict standards for product design and safety. Federal regulation and legislation provide a very explicit and detailed set of standards for toy manufacturers. Federal labs must be used to conduct tests for each toy in order to evaluate design safety and rule out product defects. And when potential hazards are foreseen by a manufacturer, some states require they place a warning label on their packaging. The labels have to be clearly visible on the package and describe the potential safety risk.

Although a warning label can inform consumers of certain foreseen hazards and safety risks, they do not cover all the possible risks and liabilities, so injuries can still happen. In the case that a child is injured by a manufacturing defect or flaw, a family could have a valid product liability claim to pursue. It is important to consult a licensed personal injury lawyer with experience in product liability claims. They can help you decide what legal approach is best for full and fair remuneration.

Can a warning label protect a toy manufacturer in a product liability case?

Not always. Warning labels do not stop defective products from injuring children, and other defects not mentioned in the label can occur as well. A manufacturer has a responsibility to make sure their products are properly tested and approved, and never unnecessarily harm a child. They also have a responsibility to warn against any unanticipated but reasonable dangers. A toy might test well as a whole, but the accessories that might come along with it could be a choking hazard not warned against. This is an example of how a warning label is not enough to exempt a toy manufacturer from legal liability when children injuries result from one of their products.

The law does not mandate that toy manufacturers design and produce toys that are entirely hazard-free and could never harm a child. This is quite impossible considering there is always risk in everything that we do. There are so many variables and factors that must be investigated and considered before assigning fault in a toy injury case. Depending on a number of aspects, a manufacturer may or may not be held liable for an injury caused by their product. It is all circumstantial. This is another reason why hiring a personal injury attorney is the best choice for a family dealing with a recent product defect injury to their child. They can determine if and where a manufacturer was negligent and caused the injury to your loved one.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a product liability claim in Indianapolis, IN.