Defective Toys: User Beware

December 13, 2013 | Attorney, Matthew Dolman
Defective Toys: User Beware The holiday season is a time of giving. For most nice boys and girls, this means the arrival of new toys to play with. There are so many types to choose from! More and more toys are being developed and placed into the marketplace each year. Be careful, however, because new toys could potentially mean exposure to dangers that have not yet come to fruition. As a parent this holiday season, when you are purchasing toys with your kids, do your best to inspect and/or use the toys before your child plays with them. Research online to make sure there have not been any recalls on the products your giving to your children to play with. Earlier this month, about 14,000 Whisper Ride Touring Wagons, made by Step2, were recalled. These wagons were sold nationwide at Toys R Us stores and also online at for approximately $130.00 from February 2013 to august 2013. The wagon is a two seat plastic wagon with blue seats, a red canopy, and a tan wagon base. On the side is the logo for Step2. The seat backs on this wagon are removable. Unfortunately, the seat backs can detach while in use. As you could imagine, this poses a dangerous fall hazard for the children in those seats. Currently, there have been 29 reports of the seat backs detaching while in use. 28 of these occurrences resulted in children falling out of the wagon. Fourteen children sustained bumps on the head and nine others had bruises, scratches, or lacerations. As you would probably guess, consumers have been advised to stop using these wagons immediately and to contact the manufacturer A business involved in distributing or producing a dangerous product could be held responsible for the injuries caused by that product. If your child was injured by a recalled toy such as this, he or she may be able to file a lawsuit, known as a products liability claim, against the toy manufacturer. There are multiple ways a product can be deemed defective. The defect could arise in the original design of the toy. Or, a flaw in the manufacturing process could account for the defect. Lastly, there could be a defect in marketing that could include mislabeled products, improper warnings, or false advertising. Keep in mind that with all products liability cases, it is important to secure the evidence as promptly as possible. Do not try to fix the defective product! Do not destroy the defective product or return it to the manufacturer! The dangerous product should be kept in the same condition it was in at the time it harmed your innocent child. Filing and pursuing a products liability claim can be a complicated process, and being compensated for serious injuries is important and sometimes crucial for getting by in difficult times. Such an obstacle requires an attorney who is experienced, dedicated, and well versed in the nuances of personal injury law. Dolman Law Group Accident Injury Lawyers, PA regularly handles claims involving injured individuals. Helping them recover is what we pride ourselves in. At our firm we analyze each case to determine all possible sources of financial compensation pertaining to injuries caused by defects: including the manufacturer, the parts vendor, or even the retailer and distributor. We always offer a free consultation and we only earn a fee if we make a recovery on your behalf. If you believe that you have been injured as a result of a defective product, please contact the Clearwater Personal Injury Team at 727-451-6900. Dolman law group represents injured parties throughout the state of Florida.


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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