In the course of toy-making, there have been quite a few flops. There have also been toys that severely hurt or harm children. Consider the lead paint scandal, when a well-known toy manufacturer had to recall so many toys because they were found to contain lead paint. Since it has been ascertained that many severe cases of developmental disorders are the direct result of children chewing on or licking toys that have been painted with paints containing heavy metals like lead, it is no wonder that many parents are leery of buying such toys again.
Then there are the toys that disappoint. Hundreds, even thousands, of toys are not made to be kid-safe, even though they are marketed to children. This major disappointment typically occurs when something expensive that is not backed by a warranty is sold and quickly broken after the child receives the toy. With no way to get the toy repaired or replaced, the parents have no other choice but to pay for a brand-new one or not buy a replacement at all. If the toys you buy your children either disappoint or poison your kids, here is how to manage these issues.
If You Start to Notice Changes in Your Child's Health or Behavior
After your child receives any number of toys for any reason, watch to see what he/she does. If there are changes in his/her behavior, or if your child seems really off, vomits, complains of headaches, etc., get him/her to a doctor right away. Request tests for heavy metals. The doctor will not perform these tests without your request, and may miss the telltale signs of heavy metal poisoning.
If it is discovered that your child has been poisoned, you will need to remove any of the toys he/she has received recently and have them tested for lead, mercury, and cadmium, which are the three most common metals found in paint. Take your child's diagnosis, test results, and the results of the toy testing to a defective products lawyer. He/she will need to open a class action suit against the manufacturer.
Toys That Disappoint
While toys that kill, cause illness, or endanger a child's development carry more weight in a lawsuit situation, that does not mean that toys that disappoint do not have any pull. For example, if it becomes clear that a company does not offer any warranty or protection plan on a toy so that they can continuously gouge consumers for the price of a replacement, you may be able to start a class action lawsuit with a lawyer's help. The class action suit represents dozens, hundreds, or thousands of parents who have bought the same toy, found it to be so easily destroyed that they had to replace it or go without, and then lost money in the process.
One theoretical example is a popular children's learning tablet. For the sake of argument, say that this tablet is made with children in mind, to the point that children can play on it, but the screen is definitely not kid-friendly. In fact, you and hundreds more parents like you were "tricked" by the commercials into thinking that a "kid-friendly" tablet meant that it could not be broken.
The minute the tablet lands face down on a hard floor or is accidentally kicked or stepped on ,the screen is busted and the toy is useless. Even more infuriating is the fact that the toy manufacturer charges $200 for each of these tablets, what it would cost to buy a real "adult" tablet and encase it in a protective case that would prevent cracked screen damage. Because of the design of the toy and the way the screen is installed, you cannot fix it for less than it would cost to buy a new one, nor will the toy manufacturer repair it (no warranty, remember?). Now you can sue.
Contact a lawyer for more info on defective products law.