SAN ANTONIO'S PERSONAL
INJURY LAW FIRM

Manufacturing & Design Defects Are Unpleasant Christmas Surprises

The excitement of a new gift under the tree can quickly turn into an unexpected trip to the emergency room. Parents across the country are eager to get their child the latest and greatest toys, gizmos, and doohickeys, but not everything that sparkles on store shelves is worth the gold you shell out. Every year, according to the National SAFE KIDS Campaign and the U.S. Consumer Product Safety Commission, 217,000 children suffer injuries from the toys they play with regularly. Many of these toys are gifts, and many are caused by manufacturing or design defects. When a manufacturer's negligence involves negligent design or defective manufacture, parents can pursue product liability claims against the manufacturer and potentially retailers and others in the supply chain.

Manufacturing Defects

Manufacturing defects can include those that divert the finished product from the intended product design. For instance, a missing component or a component made using substandard materials that negatively affect the safety of the toy. It can also include improperly connecting wires and circuitry, using dangerous chemicals during manufacturing, or failing to assemble the product correctly.

Design Defects

Design defects are different than manufacturing defects, but they are not a less severe type of negligence. Design defects are where the inherent design of the toy makes it unsafe to use. For instance, a toy that contains parts that can become detached and ingested by a small child or a gas cylinder on a BB gun that is not sufficiently strong enough to prevent rupture during use.

The Danger of Defects

These types of negligence can affect any toy, but are most dangerous when it's a riding toy such as a scooter, or a toy that relies on battery or electric power. These types of toys can lead to serious personal injuries, including burn injuries, broken bones, concussions, and potentially, wrongful death.

Dealing With Defects

The best way to deal with defects is to research any toy before purchase. Reviewing reports collected by the US Consumer Product Safety Commission is a great place to start. Parents should keep a close eye on recall notices and promptly remove the toy when defects become known.

If you bought a defective toy that caused personal injuries, contact Welmaker Injury Law at (210) 828-6033, and we will tell you more about the legal options available to you in Texas to pursue claims against product manufacturers, retailers, or other liable parties.