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DELAWARE INJURY LAWYERS

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Category Archives: Product Liability


Wilmington Personal Injury Lawyers at Rhoades & Morrow Protect Families Who Have Been Harmed by Defective Toys.

W.A.T.C.H. Releases Top 10 Worst Toys List of 2022

World Against Toys Causing Harm (W.A.T.C.H.) has released its 2022 “Worst Toys” list for the holiday season. If you are a parent, you should review this list and immediately remove any named toys from your child’s collection.

As a parent, you expect toys to be safe, but not every manufacturer follows the steps they need to take. If you believe a faulty toy has injured your child, you can speak with an experienced lawyer who can help you determine your next course of action.

The top 10 most dangerous toys of this year include:

  • Cocomelon Musical Learning Watch: Potential for battery ingestion.
  • Disney Raya’s Action and Adventure Sword: Potential for blunt force and eye injuries.
  • Li’l Woodzeez Tickle-Your-Taste-Buds Bakery: Potential choking hazard.
  • Zeus Lion: Potential for ingestion or aspiration.
  • Dingray Musical Bath Toy: Potential choking hazard.
  • Ooze Labs Chemistry Station: Potential for chemical-related injuries.
  • Bunny Rabbit Cuddly Pillow: Potential for suffocation.
  • Pop’n Fidget Spinners: Potential choking hazard.
  • Nerf Pro Gelfire Mythic Blasters: Potential for eye or facial injuries.
  • Black Panther Wakanda Battle Claws: Potential for eye or facial injuries.

Claims for Defective Products

When a child is injured by a defective toy, it can be a traumatic experience for the whole family. In many cases, these injuries can be quite serious and require medical attention. If your child has been injured by a defective toy, you may be able to file a products liability claim.

Manufacturers have a responsibility to ensure that their toys are safe for children to use. When they fail to do so, they can be held liable for any injuries that occur. Your child may require substantial medical care and treatment. If successful, your claim may provide you with financial recovery.

When it comes to defective products, there is one main element that needs to be proven in order to hold a party liable: negligence. This means that a company did not take the necessary precautions to ensure that their product was safe for public use. In order to prove negligence, your legal team will need to show the party had a duty to make a safe product, that they breached this duty, and that this breach caused your child’s injuries. This can be a daunting task, as it often requires extensive research into the product design and how it failed.

There are three types of negligent products liability claims:

  • A design defect alleges the toy was designed defectively from the start.
  • A manufacturing defect alleges there was a flaw in the actual building of the toy.
  • A failure to provide a warning alleges that the manufacturer knew there was a potentially hazardous component but failed to adequately warn consumers.

In each of these scenarios, you (your lawyer) would need to collect substantial evidence to prove your claim. Since toys are usually manufactured by large corporations, expect substantial pushback and a strong legal defense. That is why it is crucial that you have legal representation.

What Are Possible Injuries From Toys?

When it comes to toys, there are a lot of things that can go wrong. Toys can be made with harmful materials, they can easily break and create sharp edges, or they can simply have small parts that can be easily swallowed. All of these dangers pose a serious risk to children who may not be aware of the hazards.

Some of the worst toys on the market are those that are made with harmful materials. These toys can contain lead paint, which is toxic and can cause serious health problems in children. In addition, some toys are made with small parts that can easily be swallowed by children. These parts can cause choking hazards and can also lead to intestinal blockages.

Another danger posed by defective toys is the risk of injury. Toys that are easily broken can create sharp edges that can cut a child’s skin. Furthermore, small parts that come off of toys can become lodged in a child’s nose or ears, leading to infection.

One of the most common types of injuries caused by toys is choking. Small parts on toys can easily become lodged in a child’s throat, leading to asphyxiation. In some cases, toy parts have even caused death.

Another common type of injury caused by defective toys is burns. Many toys include small motors or batteries, which can cause severe burns if they come into contact with skin. Children have also been injured by ingesting toxic chemicals used in some toys.

Finally, there are the toys that simply do not work as intended. These defective products often cause frustration and injuries when children try to play with them. Sometimes, children have even lost fingers or hands when trying to operate defective toys.

When a child is injured by a defective toy, they might need immediate medical care. If the child’s injuries are serious, they might need to be hospitalized. Some of the medical care that a child might need includes:

  • X-rays: To see if the child has any broken bones.
  • Treatment for cuts and bruises: To help the child heal properly.
  • IV treatment: To get fluids into the child’s body if they are dehydrated.
  • Surgery: If the child’s injuries are severe, they might need surgery to fix them.

Wilmington Personal Injury Lawyers at Rhoades & Morrow Protect Families Who Have Been Harmed by Defective Toys

Nothing is more important than your child. When you purchase a toy, you expect it to bring your child joy, not injure them. Unfortunately, some manufacturers do not always take the necessary care to keep your children safe. If your child has been injured by a defective toy, speak with one of our Wilmington personal injury lawyers at Rhoades & Morrow to learn more about your family’s legal options. Call us at 302-427-9500 or contact us online to schedule a free consultation. We have offices in Wilmington, Milford, Bear, and Lewes, Delaware. With offices in all three counties of Delaware, we serve clients throughout the state.

toys holiday season

Top 10 Worst Toys List for the 2021 Holiday Season Has Been Revealed

The holidays are here again, and many parents are looking for the perfect gifts to give to their children. Every year in the United States, nearly 5,000 new toys are marketed to consumers. Unfortunately, many companies have an eye on profits, and some dangerous toys make it to market.

The nonprofit organization World Against Toys Causing Harm, Inc. (W.A.T.C.H.) aims to monitor the safety hazards presented in children’s toys. Each year, they release a list of the worst offenders. Toy hazards for children include choking on small parts, toxic substances, rigid materials that could cause harm, plush toys that can suffocate infants, and wheeled toys that can lead to head injuries.

Squeakee Minis Poppy the Bunny

This toy has a back compartment that contains three button cell batteries. When children ingest such batteries, they can be severely injured or even die from internal chemical burns in as little as two hours.

Radio Flyer Spin ‘N Saucer

This circular saucer with wheels is designed for children between 1 ½ and 5 years old. Although the warning on the package says it should never be used near streets and motor vehicles, the picture shows a young child using it on the sidewalk. The manufacturer includes no information or instructions as to whether a helmet or other safety gear should be used, which could lead to impact injuries.

Bright Starts Tummy Time Prop & Play

This plush soft mat comes with a tummy pillow and is marketed to newborn infants. It also comes with multiple warnings about never allowing babies to sleep on the mat because of the dangers of suffocation.

Perfectly Cute My Lil’ Baby Feed & Go Set

This little baby doll comes in a high chair and has multiple accessories for feeding that are small enough to be easily ingested by a toddler. The manufacturer’s recommended age for the product is 2 years old and older.

Nerf Hyper Rush-40 Blaster

This nerf gun can fire its projectile rounds at high speed, thus presenting the danger for eye and facial injuries. The manufacturer warns against aiming the weapon at eyes or face and advertises that eye protection is included inside the box. However, the included eye protection consists of glasses and not the full face mask depicted on the packaging.

Hape Learn to Play Drum

The manufacturer of this toy drum says that children as young as 12 months old can play with it, but the drumsticks included are small, slender, and rigid, and they can be potentially ingested and block a child’s air passages. No warnings against the choking hazard were provided with the toy, and the only hazard mentioned is about hearing damage that could occur from using the drum too close to the ear.

Roller Light-Up Heel Skates

This toy can be strapped onto the heels of a child’s shoe to turn it into a rear-wheel roller skate. Marketed to children ages 6 years old and above, it contains warnings to always wear a helmet or other protective equipment, yet on the box, it shows a picture of a child using the heel skates without a helmet or any protective gear at all.

Snake Eyes G.I. Joe Origins Ninja Strike Sickles

These toy sickle-shaped plastic blades are intended for children 5 years old and older. Although the packaging cautions that the toy should not be used to swing, poke, or harm people and animals, the reality is that throwing them has the potential to cause blunt force impact injuries, including facial injuries.

Hover-1 My First Hoverboard

The manufacturer states that this product is for children 5 years old and older, but it also says that proper training is needed to operate the toy. The operation manual is 21 pages, and it comes with numerous warnings to not ride it at high speeds, on rocky or uneven terrain, or on steep slopes. The warning label on the hoverboard itself states that failure to follow instructions can result in death or serious injury.

Walmart “My Life As” Shopping Basket

This plastic basket comes with 16 little fruits, vegetables, food, and drink items which are all potential choking hazards. The only warnings about age limits and choking hazards for the toy are on the throwaway packaging.

Shopping Tips From W.A.T.C.H.

With the supply chain in disarray, there are toy shortages being predicted for the holiday season. Parents need to remain vigilant, whether they are shopping at well-known retailers, online, or in second-hand shops.

Toys and packaging should always be thoroughly inspected for safety red flags, such as choking hazards, toxic ingredients, and incomplete or misleading safety information. Parents should know their own child’s behavior and recognize that some toys are inherently riskier than others and make good choices.

What Should I Do if My Child Has Been Injured by a Defective Toy?

In 2020, the U.S. Consumer Product Safety Commission (CPSC) reported an estimated 198,000 toy-related injuries. Despite the CPSC issuing recalls last year, children continued to get hurt. It is important to note that recalls are reactive and not proactive safety measures. Once a defective toy has been produced and brought to market, it can exist in stores, schools, neighbors’ homes, and community centers. Toy injuries are entirely preventable if defects are detected in the design and manufacturing phase. Consumers should not be the ones bearing the burden of identifying safety hazards in toys.

If your child is hurt by a defective toy, do not throw it away. Keep it as evidence, and document as much as you can about happened and how the toy caused the injury. Take photographs, and keep any bills related to the injury. Contact an experienced lawyer who can help determine if you have a products liability claim.

Wilmington Personal Injury Lawyers at Rhoades & Morrow Advocate for Children Injured by Defective Toys

Parents should not have to worry when their children receive a new toy as a gift. Toy manufacturers have a responsibility to make products free of safety hazards, and those that market defective toys to children should be held accountable. Our Wilmington personal injury lawyers at Rhoades & Morrow can help you if your child has been injured by a defective toy. Call us at 302-427-9500 or contact us online to schedule a free consultation. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout Middletown, Dover, Milford, Lewes, Rehoboth, Elsmere, and Seaford.

personal injury

Questions to Ask a Personal Injury Lawyer

Personal injury law covers an extensive array of cases ranging from car accidents to product liability. There are many ways an injured person can seek damages from someone responsible for their injuries; likewise, there are many types of personal injury lawyers available to represent a case.

The circumstances of the case will determine which area of personal injury law applies to your case. By extension, your choice of lawyer should be influenced by how well suited they are to argue your case and to fit your personal situation. There are some important elements to consider while seeking a personal injury lawyer for your case.

Have You Handled a Case Like Mine?

An attorney with experience in a case like yours will be familiar with the legal issues your case might entail and can foresee common problems and viable solutions to address them. A lawyer with connections in the field may be able to tap experts to support your case.

Who Will Be Working on My Case?

While the name on the billboard may be the person you interview, you should know that a lot of the work might be handled by paralegals who draw up legal documents and perform other research and support functions. If your case will be assigned to a junior associate, you should know that too. Although it is possible that the case will be overseen by a senior attorney, the arrangement should be disclosed. Keep in mind that the use of lower level employees is likely to save you money in legal fees.

How Are Fees and Costs Handled?

You should be aware of the payment arrangement before you decide on an attorney. Many personal injury attorneys work on a contingency basis where they only collect fees if the case successfully yields monetary damages. The typical range for contingency fees is 25 to 40 percent of the amount agreed to in settlement or what will be awarded in court.

Be sure to ask how the payments are broken down and how costs factor in. Costs can include court filing fees, administrative expenditures, fees for expert witnesses, or evidence-collection expenses. In the best scenario, costs may come before the attorney’s fees. Otherwise, the costs will come out of the amount left after the lawyer takes their percentage-based cut. Usually the costs are part of the contingency arrangement, but find out if the costs will be your responsibility if the case is unsuccessful.

What Is Your Success Rate in Court?

Many personal injury cases end in settlement. That can be the best scenario, but you should be confident that your lawyer is prepared to take the case all the way to court, if necessary. Knowing how comfortable your lawyer is with arguing your case in court can mean that you can avoid pressure to settle because it better suits your attorney.

Delaware Personal Injury Lawyers at Rhoades & Morrow Successfully Represent Injured Clients

When you experience a personal injury, it is best to have an experienced attorney at your side armed with extensive experience winning legal battles for clients with your type of injury. Our knowledgeable Delaware personal injury lawyers at Rhoades & Morrow have the knowledge and resources to support your case and get you the compensation you deserve. Contact us online or call us at 302-834-8484 to schedule a free consultation. With offices located in Wilmington, Bear, Milford, Delaware, we also serve clients in Elsmere and Seaford.

dangerous toys

Most Dangerous Toys of 2019

Delaware personal injury lawyers advocate for those harmed by the dangerous toys of 2019.Around this time each year, the consumer safety group World Against Toys Causing Harm, Inc. (W.A.T.C.H.) puts together a list of toys that present safety hazards to children. This nonprofit group has been releasing this list for over 40 years. Toys that make these notorious lists range for different age groups. Risks include choking, entanglement, ingestion, and worse. The group stated that in addition to poor design, some of the toys have inadequate warning labels.

Be Extra Vigilant

Though toys are supposed to provide fun and entertainment, many have hidden dangers that can put children at risk for an injury or even death. Parents and caregivers should be aware of these potential hazards and should always read warning labels. Some toys, such as plastic guns and pogo boards, require protective gear, such as goggles or knee pads.

During the holidays, relatives and friends may buy toys for children without considering the potential dangers, especially if they do not have children of their own. Diligent parents and caregivers are advised to take heed of the warnings and be extra careful when buying toys and when children receive gifts from others. The following are the most dangerous toys of the year, researched and chosen by W.A.T.C.H.

Most Dangerous Toys List

Priced at $49.99, Hasbro’s Nerf Ultra One is a dart blasting toy designed to resemble a machine gun. It is sold at major retailers, such as Walmart and Target, and is recommended for children aged eight and older. It has the potential to injure users who may ingest the darts, and cause battery-related injuries. The darts can also hurt other people, especially if they land in someone’s eye.

Spike the Fine Motor Hedgehog is another dangerous toy that retails for $17.99 at Kohls, Amazon, and other large retailers. It is manufactured by Learning Resources, Inc. and has no warning labels. Designed for toddlers aged 18 months and older, it has removable, small quills that can be swallowed or cause choking.

Spin Master LTD’s “Bunchems” Bunch n’ Build toy retails around $16.50 at Amazon, Michael’s, and Walmart. It is recommended for children aged four and older, and was flagged because of its small parts that can get stuck in children’s hair or swallowed.

The remaining seven dangerous toys that made W.A.T.C.H.’s list include:

  • Yeti by the Douglas Company, Inc.
  • Nickelodeon Frozen Treats Slime by LaRose Industries, LLC
  • Anstoy Electronic Toy Gun by Anstoy
  • Diecast School Bus by Schylling
  • Pogo Trick Board by Flybar, Inc.
  • Power Rangers Electronic Cheetah Claw by Hasbro
  • Viga Pull Along Caterpillar by VIGA; Belvedere

Delaware Personal Injury Lawyers at Rhoades & Morrow Advocate for Those Harmed by Dangerous Toys

If you or someone you love was injured by a dangerous toy, an experienced Delaware personal injury lawyer at Rhoades & Morrow can help. We provide trusted legal guidance to every case. For a free case evaluation, call us at 302-427-9500 or complete our online form. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout the state, including the areas of Elsmere and Seaford.

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