New York Injury Talk Blog

Build-a-Bear, the popular store that allows children and adults to assemble their own stuffed animals, recently announced a recall of its Colorful Hearts Bear due to a potential choking hazard. According to the U.S. Consumer Product Safety Commission (CPSC), the bear’s plastic eyes can come loose. Young children may accidentally choke on the eyes if they are pulled off the bear.

The Colorful Hearts Bears were sold at both Build-a-Bear Workshop stores and at the store’s website from August to December 2011. The bears are made of white plush fabric printed with hearts of varying colors and sizes. The dangerous toys are about 16 inches tall and have black plastic eyes. The nose, bottoms of the feet, and inside of the ears are pink.

Parents or caregivers whose children have a Colorful Hearts Bear should take the bear away from children and return it to any Build-a-Bear store. The store has promised coupons in exchange, which will allow purchasers to select another Build-a-Bear stuffed animal as a replacement.

Information about the recall is available from the CPSC and at Build-a-Bear’s website, www.buildabear.com. You can also call the company’s toll-free number, (866) 236-5683, or email colorfulhearts@buildabear.com for more information about the recall.

No one who loves a child ever wants to give that child a toy that could cause injury. If a hidden defect in a toy has injured someone you love, please don’t hesitate to call the experienced New York recalled product lawyers at Wingate, Russotti, Shapiro & Halperin to learn more about your legal rights and options. For a free and confidential consultation, call us today at (212) 222-4336.

The Consumer Product Safety Commission (CPSC) recently released a report detailing the relation between the amount of dangerous and recalled toys to the amount of yearly child injuries. Over the past several years, toys have needed fewer and fewer recalls due to hazards, with 34 toys recalled in 2011 as compared to the 172 recalled in 2008, according to USA Today.

Although toy recalls are down, child fatalities increased in 2011, with 17 child fatalities related to toys, while there were only 12 reported in 2010. The CPSC reported that nearly 252,000 children under the age of 15 were sent to the emergency room with injuries caused by toy-related accidents. While the amount of toy-related injuries is large, the CPSC reports it has been the average amount for the last several years.

Many of the fatal toy accidents came from children choking on balloons and balls which, due to their common nature, are hard for agencies to regulate. In addition, a large amount of child injuries came from accidents while riding on non-motorized scooters, which have been subject to several recalls in the past year.

Starting January 1, the CPSC Improvement Act will go into effect, making toymakers subject to mandatory standards that were once only voluntary. Under the act, companies must have their products certified by independent labs to assure that they meet the regulations, which cover categories such as small components and lead content.

While some toys can be easily spotted as hazardous for children of certain ages, others have concealed dangers that were overlooked by the company that made them. When a child has been injured by a defective toy, those responsible for its design and manufacture can be held liable for damages. A dangerous toy injury attorney in New York at Wingate, Russoti & Shapiro can help if you or your child has been injured and fight for your rightful compensation. Contact our offices today for a free consultation at (212) 222-4336.

On July 20, the U.S. Consumer Product Safety Commission (CPSC) voted 5-0 to authorize additional requirements for third party safety testing of children’s toys.

To usher in the latest rules, and according to the CPSC, in order to “give manufacturers, importers and private labelers additional time to put a third party testing program into place,” the commission has passed “a stay of enforcement” on the new standards until December 31, 2011. That means the commission will enforce compliance of third party testing and certification for toys imported or manufactured after that date.

Somewhat prophetically, however, during the same month as the initiative was rolled out, the following two major toy recalls by New York companies were also announced by the commission.

The toy giant Fisher-Price of East Aurora, NY, voluntarily recalled “Little People Builders’ Load ‘n Go Wagons” due to laceration dangers. The company recalled approximately 208,000 units in the United States and 2,800 in Canada. Seven accounts of injuries, including five of which children needed surgical glue or stitches, have been reported to Fisher-Price and the CPSC. The product was manufactured in Mexico.

The state’s second July recall came for Deer Park, NY, distributor Edushape, which voluntarily recalled their “Mini Stars Building Sets” due to choking hazard. About 18,000 units were in distribution, while additional sets were recalled as part of separate case in September 2010. No injuries have been reported but the CPSC and Edushape have received two reports of product dysfunction and hazard. The product was manufactured in China.

For both recalls, consumers should immediately take the products away from children and contact each company for further repair or warranty instructions. If your child has been injured by a defective or dangerous toy, call the Manhattan dangerous toy attorneys at Wingate, Rusotti & Shapiro, LLP at 212-986-7353 to discuss your case today.