Fidget spinners have rapidly burst onto the scene and become one of the hottest toys of 2017. However, schools across America have outlawed the twirling toys because they have become too big of a distraction in class. Aside from being a classroom nuisance, multiple children have swallowed and choked on small detachable parts, requiring surgical removal procedures. Due to these safety concerns, German customs followed suit with some American schools, and seized 35 tons of fidget spinners to be destroyed. If you or your child has been injured as a result of a dangerous toy, it is important that you understand your legal rights. We work with some of the most experienced dangerous toy lawyers across the country, who can help you understand your legal rights regarding a potential fidget spinner lawsuit.
Why Did Germany Seize All Those Fidget Spinners?
German customs classified these Chinese made toys as unsafe due to choking hazards and absence of required details, such as legible instructions, safety warnings, and manufacturer information. When toys carry a safety risk, such as choking, the manufacturer has a duty to put consumers on notice. This allows consumers to make an informed decision when purchasing something. Some folks will purchase unsafe toys despite any known hazards, but the safety warnings will at least put parents on notice so they can monitor their children more closely. The German government’s main concern is with the small removable parts that children are prone to swallow and choke on. Some of these parts include ball-bearings, LED lights, and small batteries.
How Have Spinners Become So Popular?
Many adults are perplexed by the outbreak of the fidget spinner fad, but the children seem to just be going along with it. Spinner popularity has risen partly due to the abandoned patent, which allows unimpeded and unregulated mass manufacturing of these toys. In fact, many of the top selling toys on Amazon in the last few months have been various fidget spinners. However, it is the mass production of fidget spinners that makes them so dangerous. Since there is no patent and so many companies are producing spinners, regulation in terms of safety and warning labels is very difficult.
What Other Risks Do These Toys Pose?
While there is no science to prove that fidget spinners actually assist children with attention disorders, there is some science to show some may contain dangerous levels of mercury and lead. While this is not an official report and has not been peer reviewed by scientists, one researcher tested 11 fidget spinners for dangerous materials. The test revealed alarming levels of mercury and lead in 2 out of the 11 that were tested. Scientists say that less than 90 parts per million (ppm) of lead is the acceptable amount for children’s toys. The independent research showed a lead content of 42,000 ppm on that specific spinner, which is well above the recommended safety level for children’s toys. Again, this study only tested 11 spinners, when there are hundreds of different kinds out there. However, this information paired with the known choking hazards, raise many red flags about America’s newest favorite toy.
What Should Parents Do?
The Toy Association, the trade association for the American toy industry, says that the best way to ensure you purchase a safe fidget spinner is to shop at a reputable retailer that you know and trust. Trustworthy retailers will only carry toys that are in compliance with United States safety standards. Fidget spinners can be found for bargain prices at pop-up vendors, gas stations, and unknown websites. The Toy Association urges parents to stay away from these types of retailers, and as a general rule, not to purchase any toy without safety warnings or age labels. Finally, parents should check fidget spinners for broken or loose parts regardless of where they were purchased, because a simple glance over can prevent a tragic accident.
Why Call Our Firm?
Toy manufacturers have a duty to consumers to make a safe product for all those who handle it. Unfortunately, each year more dangerous toys still hit the shelves. We see them in popular stores and on popular websites. Our lawyers here, at d’Oliveira & Associates, work with some of the most experienced product defect lawyers across the country, who defend the rights of those injured due to defective and dangerous toys. For a free (no-obligation) case evaluation, call our toll-free number 1-800-992-6878 or fill out a contact form online.
Sources:
- http://www.foxnews.com/world/2017/06/16/german-customs-to-crush-35-tons-seized-fidget-spinners.html
- http://www.prnewswire.com/news-releases/the-toy-association-urges-caution–offers-safety-tips-on-fidget-spinners-300464639.html
- http://clark.com/health-health-care/get-the-lead-out-report-says-fidget-spinners-may-have-dangerous-level-of-toxins/
Paul d’Oliveira
Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 16 offices in RI and Southeastern, MA.
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