Terri Dee, producer/reporter/ Indiana News Service, a bureau of Public News Service.
The National Retail Federation expects people will spend nearly $989 billion by the end of the year on holiday shopping, but the costs cannot compare to the injuries or deaths caused by unknowingly buying a faulty product.
Many children’s toys are manufactured in countries like China and India. In their haste to avoid possible Trump administration tariffs, a few safety steps may have been skipped before sending them to the States, according to one product liability attorney.
Don Fountain, with the law firm Clark Fountain, believes consumers’ assumptions about toy reliability are not always accurate.
“The general public has this notion that the government checks and tests all the products that we buy: ‘Surely somebody has tested all these things and they’re safe for my children or my family,'” Fountain explained. “But in reality, that’s not how it works. The government doesn’t have the resources or the ability, or I don’t think even the interest in doing that.”
The Consumer Product Safety Commission website lists thousands of unsafe or problematic items. Fountain noted complaints listed on the site are due to public grievances, not government detection. He recommends the commission’s website be used to report or search for information about unsafe products.
The Commission’s November 2024 report showed last year, hospital emergency rooms treated children ages seven months to 14 years for nearly 232,000 toy-related incidents linked to choking, chemical burns, or poisoning.
Other potential dangers to watch out for
Fountain also identified sharp or pointed objects, small pieces, and moving parts in toys as hazards that could be fatal.
“Pinch points are a real problem,” Fountain emphasized. “Things where two pieces come together that can cut or pinch or trap somebody, or choke somebody. Anything that gets hot, anything that involves fire or spark or fireworks, those types of things.”
Taking photographs and keeping the defective product and its packaging, as well as a purchase receipt, is helpful to support your case should legal action occur. Fountain stresses proving your complaint and the damage it caused could be difficult without this evidence.
