According to the U.S. Consumer Product Safety Commission, during a period of one year, 150,000 toy-related injuries required emergency room treatment. Toys can be dangerous and lead to injuries when daycares are negligent.
Causes of Toy-Related Injuries
There are many possible causes of toy-related injuries. For example:
- Falls. Riding toys, such as tricycles and nonpowered scooters, are the leading cause of toy-related injuries, many of which are serious—especially if the child falls and is not wearing a helmet. Falls can often result in broken bones or head injuries.
- Sharp points or edges. Toys that are poorly constructed can have sharp edges, particularly toys made of wood, metal, and plastic. These toys can also break easily, exposing sharp points and edges that can cause puncture wounds in young children.
- Loud noises. Toys that make loud noises can cause hearing damage.
- Small parts. This is particularly dangerous for very young children as they have a tendency to put things into their mouths and could choke. Toys with small, removable parts can get stuck in ears or nostrils. Stuffed toys that are poorly constructed can break open and release small pellets that could be inhaled or swallowed.
- Propelled objects. Flying toys can be turned into weapons that can cause injury, particularly to the eyes. Arrow or dart toys should have soft cork tips or rubber suction cups to protect against injury.
- Electric toys. Electric toys that are poorly designed could cause burns or shocks. Electric toys that have heating elements should only be used by children over the age of eight. These toys should only be used while under the direct supervision of adults.
Age-inappropriate toys are also a concern. Toys that are safe for older kids can be dangerous in the hands of younger children.
What Daycares Should Do to Keep Kids Safe
Daycares are responsible for keeping kids safe and providing age-appropriate toys in a supervised environment. Daycares should choose toys carefully, stocking only those that are well-designed and well-constructed. In addition, daycares should:
- Teach children how to use the toys properly
- Watch children while they are playing, keeping an eye out for possible problems
- Check toys periodically to find broken parts or other potential hazards
- Throw away broken toys
- Fix wooden toys that have splintered or sharp edges
- Teach children to put away their toys so they do not pose a tripping hazard
- Use shelving for toy storage that is bolted to the wall so it cannot be pulled down if a child climbs on it
Why You Need a Lawyer if Your Child Is Injured at Daycare
If you suspect your child’s daycare injury is because of unsuitable toys, you need to speak with an attorney. A daycare injury attorney can help gather needed evidence to prove the daycare facility was negligent. Making a case against the daycare because of negligence can also protect other children from being hurt.
Personal injury compensation for children who are injured at daycare is similar to other personal injury claims. You may be entitled to:
- Reimbursement for medical bills and other costs associated with your child’s treatment, including medications and counseling sessions
- Compensation for pain and suffering of the child, including physical pain as well as emotional and psychological suffering
- Other expenses you might have incurred as a result of your child’s injury, including time off work to care for your child
At The Button Law Firm, we are passionate about keeping children safe from daycare abuse and neglect. You do not have to wonder whether you can afford an attorney. Because we work on a contingency basis, you will not have to pay for any up-front legal costs. We don’t get paid until you get paid. Call us today to schedule a free, no-obligation consultation.