Getting Fidgety With This Toy Could Lead To Injuries
This year’s hottest toy is leading some kids straight to the hospital. The toy was supposedly designed to aid in the concentration of those suffering attention deficit disorder, commonly referred to as ADD.
The toy is mostly made of plastic with some metal roller bearing type pieces in the center of three perfectly balanced lobes. However, when you have ADD or ADHD (attention deficit hyperactivity disorder) just spinning the Fidget Spinners isn’t enough. Kids and even adults who have the spinners are using them in a method contrary to their design, performing tricks with them and pulling the metal sections out.
Since these spinners rarely come with instructions and people are seldom told of the warnings these toys pose, kids and yes, even some adults end up getting injured. In one case a 15-year old who was curious as to the metal pieces in the toy decided to remove them and insert them into her mouth. Okay, I know what you’re thinking, dumb move right?
And maybe it is.
You might also think that people have no common sense these days and you may be right. However, all toys regardless of color, shape, size or material should come with instructions and warnings. And if they have small parts or removable parts that could present a choking hazard people need to know about it.
Oh, but they shouldn’t be putting a toy or a piece of a toy into their mouths one could argue, yet, they did and it presented a situation requiring medical attention.
In other situations, kids have used the spinners as weapons. They spin them as fast as they can then toss them at each other. Again, not the intended use of the toy, unfortunately, without instructions or warning labels in place, injuries are happening.
Products liability law involves the legal theories of strict liability, negligence, breach of warranty, fraud, misrepresentation, and violation of the deceptive trade practice laws. From a consumer standpoint, these cases generally concern whether appropriate warnings were given to users or consumers of products. Also involved are issues with placement of warnings, appropriate content for operating equipment manuals, appropriate design requirements, necessity for inspection or testing, compliance with statutes and regulations, and determination of recall or retrofit advisability.
It doesn’t matter what price you paid for the toy or if it’s labeled as an ADD treatment. When the manufacturers rush a product to the market to meet demand they need to include instructions and warning information.
If you or a loved one has been injured by a toy and that injury happened in the State of Indiana, I encourage you to call our professional attorneys at the Law Offices of David W. Holub. The number is (219)736-9700.
Remember, toys are supposed to be fun and safe but when they cause injuries you need to know where to turn for answers. If you’d like to learn more about our law firm or to stay up to date with the latest news from us, please click on the subscribe button below.