Children’s toys are meant to entertain and educate—not harm. Yet, every year, thousands of children suffer injuries due to defective or dangerous toys. From choking hazards in small parts to electrical malfunctions that can burn or shock, these products can quickly turn a moment of play into a trip to the emergency room. When this happens, families may be left wondering who is responsible and how they can seek justice. That’s where Hilton and Somer step in.
Dangerous Toys: A Growing Concern
According to the U.S. Consumer Product Safety Commission (CPSC), there were an estimated 198,000 toy-related injuries treated in U.S. hospital emergency departments in 2020 alone, and tragically, nine of those incidents resulted in death (source). The most common injuries involve choking on small parts, suffocation hazards with plastic packaging, and even injuries caused by faulty electrical components in battery-operated toys.
What Makes a Toy Defective?
Toys can be deemed defective under three primary categories:
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Design defects: Inherent flaws in the toy’s design make it unsafe even when used as intended.
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Manufacturing defects: A problem occurs during production, such as a loose part or faulty wiring.
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Marketing defects: Failure to provide adequate warnings or age-appropriate labeling.
For example, in 2024, the CPSC recalled a line of remote-controlled cars due to overheating lithium-ion batteries that posed a fire hazard (source). In such cases, manufacturers, distributors, or retailers can be held liable for any injuries that result.
Legal Protections for Families in Virginia
In Virginia, families have the right to pursue a product liability claim if a child is injured by a defective toy. Under Virginia law, manufacturers have a duty to ensure their products are safe for their intended users. If they fail to meet this standard, they can be held accountable for resulting harm.
However, Virginia also follows the “contributory negligence” rule, which means if the injured party is found even slightly responsible, they may be barred from recovering damages. That’s why it’s critical to work with an experienced legal team like Hilton and Somer.
How Hilton and Somer Can Help
At Hilton and Somer, we understand how emotionally devastating it can be to watch your child suffer because of a defective toy. Our team works closely with medical professionals, product safety experts, and investigators to build strong cases against negligent manufacturers and distributors.
We fight for compensation to cover:
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Medical bills
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Pain and suffering
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Long-term therapy or rehabilitation
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Lost income for parents who miss work to care for their child
Our firm has decades of experience helping families throughout Virginia, Maryland, and Washington, D.C. navigate complex product liability claims. We know how to take on big manufacturers and win.
Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys
If you have suffered an injury, don’t go through it alone. Help is available today. Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.
References:
https://www.cpsc.gov/Recalls
https://www.cpsc.gov/s3fs-public/Toy-Related-Deaths-and-Injuries-2020.pdf
https://law.lis.virginia.gov/vacodepopularnames/virginia-consumer-protection-act/
