The 2017 holiday season is here. With Thanksgiving come and gone, this magical time of year has arrived. For many of us, this merry and bright time brings more parties, events and special celebrations. As we celebrate the season, there are many ways we need to be reminded of safety precautions. The mixture off excitement, wintry weather, increase in alcohol consumption and traveling are just some of the things to stay aware and cognizant of to avoid injuries and accidents.

Each year, December brings a month filled with holidays and celebrations complete with a variety of gift giving traditions. Much of the joy, magic and delight comes from the sparkle in a child’s eyes when they open a gift. Prevent Blindness has declared the month of December is Safe Toys and Gifts month and it’s a perfect time to celebrate this event by discussing how important it is to play it safe. Exchanging gifts is certainly a holiday tradition in many families. The custom of giving and receiving presents at Christmas, Hanukah and Kwanzaa is a special occasion that no one wants ruined by an injury. Prevent Blindness encourages everyone to consider if the toys they give suits the age and individual skills and abilities of the individual child who will receive it, especially for infants and children under age three.

According to the U.S. Consumer Product and Safety Commission, there were an estimated 174,100 toy-related emergency department-treated injuries and seven deaths in 2016 to children younger than 15. Riding toys, specifically non-motorized scooters, were the toy category associated with the most injuries and nearly half of toy-related deaths. All of the riding toy deaths were due to motor vehicle involvement. Most of the injuries involved cuts and bruises to the head and face.

Additionally, the nonprofit group Kids in Danger (KID) analyzed recall data from the U.S. Consumer Product Safety Commission (CPSC) for the year 2016, and found that last year there were a total of 76 children’s products recalled, amounting to a total of over 66.8 million units of children’s products. The number of children’s product recalls increased 12 percent in 2016 compared to 2015, according to the report. In addition, the number of children’s products recalled last year was the highest in any year since 2001 except for 2004, when 150 million vending machine toys were recalled.

The safety and age appropriateness of gifts isn’t always on top of mind when purchasing gifts for the sweet children we love. This isn’t intentional, but mainly because we trust that the retailer is providing items that are already certified as safe. Another reason is because sometimes we’re not completely knowledgeable and aware of the age specific needs and appropriateness. Due to some of these factors, the U.S. Consumer Product Safety Commission (CPSC) has created a thorough and comprehensive toy safety system. According to their website, there is requiring testing by independent, third party testing laboratories around the world which assists in enforcing strict lead and phthalates limits for toys; imposing some of the most stringent toy standards in the world; and stopping violative and dangerous toys at the ports and in the marketplace before they reach children’s hands. These combined efforts continue to foster the confidence of American families as they prepare to shop for toys this holiday season.

At Schulze Law we understand that manufacturers—companies big and small—have a responsibility to ensure the safety and efficacy of their products before bringing those products to market. Failure to do so can lead to serious personal injuries and even death. Thus, manufacturers can be held accountable for the injuries sustained as a result of their product’s defect(s). Manufacturer defect cases can be complicated, which is why you need a lawyer with experience handling these types of cases. We will advise you as to time limits that govern claims, and share all information about your potential eligibility for personal injury compensation due to a manufacturer’s defect.

It is extremely important to be alert and careful when making toy and gift decisions. Awareness and knowing what to look for can make a huge difference in preventing injuries. This holiday season (and beyond), please consider the following guidelines from Prevent Blindless.org for choosing safe toys for all ages:

  • Read all warnings and instructions on the box.
  • Be aware of what’s not considered safe this season. Keep an eye on a consumer watchdog site to find out which toys have been recalled recently so that you can avoid buying them.
  • Ask yourself if the toy is right for your child’s ability and age. Some things to consider: Small pieces. Toys with small pieces are always unsuitable for children under 3. This can be a choking hazard. Even if you’re purchasing the gift for an older child, if there is a sibling under 3, please beware. Fire hazards. If your home has hazards such as open fires, old and open radiator heaters, etc., think twice before purchasing flammable toys.
  • Adult supervision. If a safety precaution suggests that the toy requires adult supervision, are you able to ensure that supervision in your household or do you know for sure it’ll happen if giving the gift to another household?
  • Sharp edges. Not only young children can experience problems with sharp edges but so can older children. Avoid giving toys with sharp edges to young children under any circumstances and for older children, be alert to how they normally interact with their toys.
  • Fake food gifts. For children, some fake food gifts are very dangerous because the children mistake them for food and try to consume them. The only fake foods that are suitable for children are those marked clearly as made for children, using non-toxic materials and sized accurately for the age group.
  • Toxic items. Avoid any toys that should be non-toxic but are not (check the labels). Items such as crayons, bath products, markers, paints, facepaint, etc. should be non-toxic.
  • Buy for durability. With small children, durability is important. Check that the item cannot be broken easily and ask what happens if the item is broken. You want to avoid any toy or product that breaks into shards, splinters, sharp pieces, or releases anything toxic.
  • Avoid toys that shoot or include parts that fly off. Remember that BB guns are NOT toys. Read all warnings and instructions on the box.
  • Take allergies and food or chemical sensitivities into account when purchasing gifts for any age group. Both children and adults can be allergic or highly sensitive to a range of food gifts, especially such food as nuts, MSG infused food and chocolate. Other gift items that can cause allergies or sensitivities include perfumes, scented products, and essential oils.
  • Inspect all gifts as children open them.
  • Buy toys that are sturdy enough to withstand impact and not break into dangerous shards.
  • Check the lenses and frames of children’s sunglasses, which can break and cause injuries.
  • When buying toys, look for labels that indicate the toy has undergone safety inspections, like those performed by the American Society for Testing and Materials (“ASTM”). This designation means the product meets the established national safety standards.
  • Gifts of sports equipment should always be accompanied by protective gear (such as a basketball along with eye goggles, or a face guard with a new batting helmet for baseball or softball).
  • Do not purchase toys with long strings or cords, especially for infants and very young children.  Long cords can easily become wrapped around a child’s neck.
  • Always dispose of uninflated or broken balloons immediately. According to the Consumer Products Safety Commission, more children have suffocated from balloons than any other type of toy.
  • When purchasing toys for children with special needs, try to choose toys that may appeal to different senses such as sound, movement, and texture. Consider interactive toys that allow the child to play with others.
  • Be sure that any art supplies, as well as paint and other finishes, are non-toxic and lead-free.  Don’t give children crayons and markers unless they are clearly labeled “non-toxic”. For the latest information about recalled toys, visit ToyInfo.org.
  • Ask all gift recipients to be conscious of where they’ve placed their gifts after opening them if it’s a family event, such as Christmas. A lot of things happen when there is a family gathering and family members and friends might feel tempted to leave opened gifts in places that are easily accessible to a child.
  • Explain how to use the toy.
  • Fix or throw away broken toys.

Other recommendations to keep in mind:

  • Keep young children away from toys meant for older children.
  • Supervise your children while playing.
  • Store toys properly after play to avoid risks or falls.
  • Supervise children’s craft projects (scissors and glue can be extremely dangerous to a child’s eyesight).
  • Have children wear the right eye protection for sports (face shields, helmets, eyeguards).

At Schulze Law, we are here to help protect you and your loved ones not only during the holiday season, but year round. Our wish for the season is that everyone of all ages stay safe and protected. Whether you are shopping for children or have children of your own, take a moment to think about the toys you plan on buying. We are all exposed to certain types of risks and dangers but let’s keep the holiday magic alive by staying healthy and safe.

 

https://www.preventblindness.org/safe-toy-checklist
https://www.cpsc.gov/