Steps to File a Hazardous Toy Injury Claim

When Toys Cause Harm

A child’s safety is every parent’s top priority. When a toy causes harm, it’s not just heartbreaking—it’s overwhelming. In California, families facing hazardous toy injuries often find themselves navigating complex laws and procedures. Whether your child was hurt by a defective product, a recalled toy, or one lacking proper warnings, understanding your legal options matters. This guide will walk you through the steps to file a hazardous toy injury claim in California, helping you protect your child and pursue the compensation your family deserves.

What Counts as a Hazardous Toy?

Hazardous toys are products designed for children that pose unreasonable risks of injury. These may be toys with small parts that are choking hazards, electronics that overheat, or items with toxic materials. In California, a toy is considered hazardous if it fails to meet federal safety standards or state-specific child safety laws. Defective vehicle parts and faulty consumer products can also fall under product liability claims, much like dangerous toys.

California Toy Safety Laws

California follows both federal and state laws to protect children from dangerous toys. The Consumer Product Safety Commission (CPSC) sets national standards, but California’s Health and Safety Code and Proposition 65 go further. The state requires warning labels on toys with certain chemicals and bans products that don’t meet strict safety standards. If a toy has been recalled or violates these laws, it strengthens your case.

Steps to Take After a Toy Injury

If your child is hurt by a toy, your actions in the first hours and days can make a big difference. Here’s what you should do:

• Seek immediate medical help, even for minor injuries.
• Keep the toy, packaging, and any instructions or labels.
• Photograph the injury, the toy, and where the incident happened.
• Save receipts, proof of purchase, and any recall notices.
• Report the injury to the CPSC and the store where you bought the toy.
• Write down everything you remember about how the injury happened.

You may also want to review common injuries from hazardous toys to understand what symptoms to watch for.

Reporting a Hazardous Toy

Reporting the incident is a key step. In California, you can:

• File a report with the CPSC online.
• Notify the California Department of Public Health if you suspect a toy is toxic.
• Contact the manufacturer and retailer in writing, keeping copies for your records.

This documentation helps establish a pattern of dangerous behavior or design, which is crucial in product liability claims.

Preserving the Evidence

Do not throw away the toy or packaging. California courts often require the actual product as evidence. If the toy is recalled, keep proof of the recall. Store everything—broken pieces, instructions, and receipts—in a safe place. This evidence can show the toy caused the injury, a key element in proving liability in defective product cases.

Determining Who May Be Liable

Liability in hazardous toy claims may fall on:

• The toy’s manufacturer
• Wholesalers or distributors
• The store where you bought the toy
• Companies responsible for labeling or packaging

California’s “strict liability” rule means you don’t have to prove the manufacturer was negligent—just that the toy was defective, unreasonably dangerous, and caused injury. For more, see how manufacturer liability is proven in medical device cases.

Filing Your California Product Liability Claim

To start your claim in California:

• Identify all potentially responsible parties.
• Draft a claim or complaint stating the facts of the injury, evidence, and damages.
• File your claim in the appropriate California court within two years of the injury.
• Notify the defendants officially, following California’s service of process rules.

Consulting a product liability attorney in California is highly recommended to avoid mistakes.

What Damages Can You Recover?

Families may be eligible for compensation covering:

• Medical bills (past and future)
• Rehabilitation or therapy costs
• Pain and suffering
• Emotional distress
• Lost wages for parents caring for an injured child

Learn more about compensation in consumer product lawsuits.

How to Strengthen Your Claim

To improve your chances:

• Gather thorough evidence, including medical records and expert reports.
• Collect information on similar incidents or recalls.
• Stay off social media about the injury.
• Follow all doctor’s orders and keep records of follow-up appointments.

Linking your case to larger recalls or known hazards can be persuasive.

Dealing With Insurance Companies

The manufacturer or retailer’s insurance company may contact you. Before giving a statement or accepting any offer:

• Know your rights under California law.
• Don’t sign anything without legal advice.
• Consider how similar cases, like faulty consumer product injuries, have been handled.

When to Contact a Lawyer

Product liability claims in California are complex. A lawyer can:

• Investigate the toy’s safety record
• Handle negotiations with manufacturers and insurers
• Ensure your claim is filed correctly and on time

If you’re also facing injuries from malfunctioning appliances or dangerous drugs, the same product liability principles apply.

Preventing Future Injuries

Parents can help prevent future injuries by:

• Checking the CPSC website for toy recalls before buying
• Inspecting toys for small parts, sharp edges, or loose batteries
• Supervising playtime, especially with new toys
• Registering new toys with the manufacturer for recall alerts

Get more safety tips in articles like how to identify hazardous toys and protect your child.

California Resources for Families

You’re not alone. California offers resources such as:

• The Department of Public Health’s Safe Toys Program
• Child advocacy centers
• Local legal aid societies

For additional support, explore related areas like personal injury or premises liability.

Take Action for Your Child

A hazardous toy injury can turn your world upside down. Attain Law helps California families hold manufacturers accountable and seek fair compensation. If you’re ready to take the next step, contact us today for a free consultation or call (888) 970-8627. We’re here to support you and your child every step of the way.

Frequently Asked Questions About Filing Hazardous Toy Injury Claims in California

What should I do first if my child is injured by a toy in California? Seek medical attention immediately and keep the toy, packaging, and any instructions. Document the injury with photos and save all receipts or proof of purchase.

How long do I have to file a hazardous toy injury claim in California? You have two years from the date of the injury to file a product liability claim in California.

Who can be held liable for a dangerous toy in California? Manufacturers, distributors, and retailers can all be held liable if a defective or unsafe toy causes injury under California’s product liability laws.

What damages can I recover in a hazardous toy lawsuit? You may recover the costs of medical care, pain and suffering, lost wages for caretaking, and emotional distress related to the injury.

Is it necessary to hire a lawyer for a toy injury claim? While not required, having an attorney with experience in California product liability law can help you navigate complex legal processes and improve your chances of a successful claim.