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Occasionally, news of a product recall issued by a government agency, retailer or manufacturer will remind us that some products are unsafe for children. For the agency responsible for notifying the public, it’s a challenge to ensure every customer affected by the recall is notified. No federal requirements currently exist regulating the posting of recall notices, so parents are not always aware that a toy their child plays with or a product they use to care for their child may be subject to product liability regulations. Local and National Assistance In some states, laws such as the Children’s Product Safety Act require retailers and manufacturers to enact a variety of steps to ensure recalled products stay off the market, as well as providing a means by which consumers can be notified of specific recalls. Generally, a children’s product is one designed to be used by or to care for children under age nine. Merchants who sell children’s products must remove recalled products from their shelves and must post the recall in a prominent place for a set number of days. Merchants not complying with the laws for recalled children’s products can be fined. Nationwide, the U.S. Consumer Product Safety Commission (CPSC) is an independent federal regulatory agency which oversees the safety of more than 15,000 types of consumer products. According to the CPSC, “Deaths, injuries and property damage from consumer product incidents cost the nation more than $800 billion annually. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children. The CPSC's work to ensure the safety of consumer products - such as toys, cribs, power tools, cigarette lighters, and household chemicals - contributed significantly to the 30 percent decline in the rate of deaths and injuries associated with consumer products over the past 30 years.” How Out Young Ones Might Be Injured Tiny children are very vulnerable to injury. For some unfortunate families this can lead to unexpected accidents or even tragic death due to dangerous products or negligent conduct. Examples of products that may put children in harm’s way include: • Infant rear-facing car seats
• Child booster seats
• Trampolines
• Toys (lead-based or otherwise)
• Bicycle/rollerblading/skateboarding helmets
• Crib, playpen, and changing table injuries
• Improperly spaced slats
• Corner posts and other sharp objects
• Improper mattress design
• Paint and finishes
• Playground equipment
• Ball pits
• Inflatable swimming training devices and pool toys Lead Poisoning Young children particularly those under 12, are the sector of the population most vulnerable to lead poisoning. Their delicate, developing brains are more easily injured by exposure to chemicals and poisoning. While very young children may eat lead paint chips simply out of curiosity, all children may be exposed to lead paint dust when older homes are being renovated, and may even be exposed when playing with toys produced overseas, where restraints on the use of lead are not stringent. To help protect your children, use the Internet to research the toys you are considering purchasing. Also, use just one or two stores for child product purchases and get familiar with where to find recall information in that store to help you stay up to date. If your child is injured or worse due to an unsafe product, qualified legal representation is crucial. In Vancouver and British Columbia, please visit the website of Stephens and Holman to learn your rights.
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