Defective Products Can Lead to Injuries

Recently Recalled Items May be on Your Gift List

During the holidays, there is a lot of excitement around using all the new gifts you just received and trying out the new toys and gadgets with your children, family, or friends. The last thing you would expect is your brand-new gift to be defective and potentially unsafe. Unfortunately, sometimes that is the case, and many products are recalled each year due to manufacturing defects, design defects, and marketing defects.

A gift you received for the holidays may be defective in three ways: a manufacturing defect, a design defect, and/or a marketing defect. A manufacturing defect occurs when the manufacturer did not correctly assemble the product, and the consumer received it that condition. For example, Belkin recalled their portable wireless charger and stand (special edition) in early 2021 due to a manufacturing defect that caused the charger to overheat. This manufacturing defect could have led to a fire and shock hazard, putting the users and their homes in danger. Another similar manufacturing defect occurred with Wahl Clipper Corporation’s Deluxe Heat Therapy Massager (model 4212), which overheated, causing smoke, sparks, and a potential fire hazard. When it comes to electronics and products that involve batteries or electrical sockets, be cautious and never assume the product is 100% safe. There could be technical issues with the product that can cause serious injuries.

A design defect is when the defect lies within the product’s actual design specifications. Even when the product is assembled correctly, there can still be dangers in using the product. An example of a design defect is the plush Shepherd Boy toy by Parker Squared. This plush toy for children posed a safety threat due to the Shepherd’s staff fabric covering unwrapping and exposing the metal wire underneath, leading to a laceration hazard. Approximately 3,000 were sold in the United States and Canada, and the company received 12 reports of the fabric unwrapping to expose the metal wire (United States Consumer Product Safety Commission). Another poor design decision was made with the Juratoys Toy Confetti Trumpets. The toy trumpet was recalled in January of 2021 because small plastic pieces inside the trumpet could come loose and be ingested by children, posing a choking hazard. Even if a product is not recalled, it is still advantageous to be aware of any design aspects that could threaten your health or safety.

Lastly, a marketing defect is when the product does not contain the proper warning labels and instructions, or the warning labels are not continuous for readability. The Anker Play Products 10-in-1 Incredible Inventions Science kit was recalled because magnet components contained levels of lead exceeding the federal lead paint ban and posed adverse health risks to children. Also, the packing lacked required warning labels for magnets and balloons. Remember to read the warning labels on products to know all the potential dangers. Under South Carolina Law, anyone who sells a product in a defective condition unreasonably dangerous to the user or consumer or to their property is subject to liability for physical harm caused to the ultimate user or consumer or to their property (South Carolina Legislature).

Other recently recalled products that you may have purchased include:

• DEWALT Wireless Earphones due to burn and fire hazards
• Mark of Fifth Avenue children’s robes recalled due to violation of federal flammability standard and burn hazard
• Target stores recall of decorative Santa’s Mailbox due to laceration hazard
• Pacific Cycle recall of Schwinn Electric Scooters due to fall and injury hazards
• Northern Lights recall of Alaura Two-Tone Jar Candles due to laceration and fire hazards; sold exclusively at Costco
• Halo recall of promotional children’s projector flashlights due to button battery ingestion and choking hazards
• Peloton recall of Tread+ and Tread Treadmills due to users, children, pets, and objects being pulled underneath the rear of the treadmill, posing a risk of injury or death

Enjoy the holidays and all the wonderful gifts that come with the season but be aware of product dangers that could lead to serious injuries. While we hope you stay healthy and safe always, if you or a loved one is injured from a holiday gift or product, contact our product defect attorneys at (843) 720-2800. We offer free consultations and do not collect compensation unless we win your case. For more information on product defects, please visit https://www.steinberglawfirm.com/practice-areas/dangerous-products.