Choking Hazard Prompts Massive Recall of Expanding Water Toys


January 04, 2013

The manufacturer of a water expanding toy has voluntarily recalled the product because it poses a severe choking hazard and may cause severe injury or death. The manufacturer of the defective product, Dunecraft, Inc. is recalling approximately 100,000 Fabulous Flowers, Water Balz, H2O Orbs “Despicable Me” and Growing Skulls according to an article published in the Atlanta Journal-Constitution.

The toys are about the size of a marble, but they grow to hundreds of times their normal size when they absorb water. The company has voluntarily recalled the toy because it may be swallowed and block the airway of a child. It may also cause severe blockages of the digestive tract, which can necessitate surgery of the intestines or even wrongful death.

The recall was prompted by an incident in which an eight-year-old child swallowed one of the spherical objects and needed surgery to have the toy removed. The recalled toys were sold at a number of national retailers, including Bed Bath and Beyond, Lakeshore Learning Materials and others as well as online at websites like Amazon for $3 per pack. The U.S. Consumer Product Safety Commission is advising that consumers cease using the product immediately and contact the company responsible for the product by calling 800-306-4168 between 8-5 ET or through Dunecraft's website for a replacement toy.

Whenever children in Atlanta and throughout Georgia are opening presents and playing with their new toys, as well as at the time of purchase, parents need to be vigilant about carefully evaluating children’s toys to determine that they are not defective or unsafe. At the very least, parents should pay careful attention to the appropriate age for toys indicated on the packaging. However, many U.S. companies are importing toys from China and other countries that do not have rigid safety standards. This means parents should consider potential hazards like choking risks, lead paint exposure, burn hazards, electrocution and other dangers.

If a defective toy causes injury or wrongful death to a child, the injury victim may have a right to pursue a product liability claim against any company in the production or distribution network for the dangerous toy. A toy company that manufactures, distributes or sells a dangerous or unsafe product that causes injury may be liable for injuries based on strict liability, negligence or breach of warranty. The ability to pursue a claim based on strict liability is particularly valuable because there is no need to prove the cause of the defect. In this situation, the plaintiff need only establish that the defect was present when the product left control of the defendant.

If your child is seriously injured by a defective toy, our experienced Atlanta personal injury lawyers represent accident victims throughout Georgia. Montlick and Associates is available to provide effective legal representation to clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Personal Injury

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