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Finding Out Your Child’s Toy Has Been Recalled

Toy or product recalls are requests to return a specific product back to the manufacturer after safety issues or other defects have been discovered regarding the item. These defects and problems may have the potential to harm the consumer or put the manufacturer at risk for further legal action.

Consumer Product Safety Commission

The Consumer Product Safety Commission (CPSC) is an independent United States agency that is part of the government, and they are responsible for helping to protect consumers from the unreasonable risks that may be associated with certain products being sold.

They work to create and develop voluntary standards with the industry, issue and enforce mandatory standards, obtain product recalls, conduct research on potential hazards, and inform and educate consumers through the media, as well as state and local governments.

If you feel that you have a product that is defective and may cause injury or already has caused injury, then you can contact them and report and unsafe consumer product. You can also go to their website at to see if any products or toys you currently have in your home have made it onto a recall list.

What Do I Do with a Recalled Toy?

If you find that you are in possession of a toy that is on recall, then you should respond immediately to avoid any harm to your children. Once you are aware of the recall, you should stop using the toy or product in question and instead find an alternative. You can even check the manufacturer’s website following a recall to see if there is any additional information or instructions you can follow, such as sending the product back or receiving a refund or replacement item.

What If My Child Was Injured by a Recalled Toy?

A toy manufacturer is responsible and has a legal duty to ensure that all the products they sell are safe and all the appropriate warnings and information are given. However, at times there may have been a potential hazard that was missed, and it resulted in the harm of the child.

What are your rights if this happens to you?

If your child is harmed by a defective toy, then you should be sure to save all documentation as possible regarding the toy and the injury because you may be entitled to compensation. Take all the information you have gathered and discuss the case with a personal injury attorney that can help guide you through the process and make sure you follow all the necessary steps.

An experienced attorney will be able to explain all the rights you have regarding the personal injury case due to a defective toy, and they can then help you write a demand letter to begin seeking compensation by pursuing litigation for your case.

What to Expect

There are many elements when it comes to a defective toy case, and there are different types of defects that may be discussed. The three most common types of defects include design, manufacturing, and marketing defects. For your case, you and your lawyer will need to be able to prove that your child was harmed due to one of these defects.

The liability for a defective toy typically falls to the manufacturer, rather than the store in which the toy was purchased. It is important that you seek the professional help of an attorney to be sure that you are following each step properly and you do not miss any necessary information that would possibly help prove your personal injury case.