This summer in Texas, a mother driving her daughter home experienced a parents’ worst nightmare. She heard strange sounds coming from the back seat only to find out her 10-year-old daughter was choking. After pulling over, the mother found her daughter had swallowed one of the bearings from her toy fidget spinner. After taking her to urgent care, doctors told her that they had to surgically locate and remove the object from her young daughter’s esophagus.
Stories like these are making headlines everywhere, parents warning other parents of the potential dangers of fidget spinners in an effort to keep children safe.
What Is a Fidget Spinner?
Originally intended as a device to help both children and adults with ADHD, autism, and anxiety, the fidget spinner is a small toy that spins in your hand. It is designed for those who tend to fidget cope with stress and anxious behaviors by having something to keep your hands busy. When the toy was first released, they immediately became a phenomenon and were very difficult to find as they sold out in stores in minutes. Today, they are banned in schools across the country due to their distracting nature for others.
Why Are Fidget Spinners Dangerous?
Seemingly harmless to the eye, fidget spinners have sent many children to the emergency room. The small plastic pieces are easily removable, creating a choking hazard for younger children. Because many fidget spinners do not have an age recommendation, parents are given the impression that children as young as one can play with these devices without understanding the risk.
A small study recently found unhealthy amounts of lead in a few of the tested fidget spinners. This sent parents into a frenzy, worrying about their children suffering from lead poisoning from the toy. While not all of the tested devices contained the poisonous substance, it is still good to keep informed of the potential dangers.
Similar to the gift of the holiday season last year, hoverboards, there have been reports in Michigan and Alabama of Bluetooth-enabled fidget spinners bursting into flames. They were both plugged into outlets, at the time, and resulted in the melting of the toy and burning of the surface the toy was on. This obviously poses a dangerous fire hazard and could harm a child using the toy or damage your home if left unattended.
Who Is Liable for a Fidget Spinner Injury?
If you or your child suffers from a fidget spinner injury, you may have a product liability claim. The manufacturer of the toy may be liable for selling a hazardous or defective product or failing to warn consumers of the potential hazards, such as choking risks, resulting in an injury to a small child, In order to establish a case, it must be shown that the toy is defective and/or dangerous enough to cause harm. The consumer may have been using the product as intended, however, your child was still injured while operating the device. Many fidget spinners fail to come with warning labels or age recommendations, leaving parents to believe the toy is safe enough to use at any age. This is the fault of the manufacturer who should provide adequate warnings and failure to do so may result in them being held liable for damages.
How to File a Fidget Spinner Lawsuit
If you think you may be eligible for a fidget spinner lawsuit, there are a few factors to consider. If you or your child was injured by any sort of fidget toys, be sure to document the injury with photos, medical reports, and notes about the incident. Collect any additional information for a potential case such as a fidget spinner recall, details of the initial purchase, age rating, and any warnings on the packaging of the device. After gathering this information, contact a personal injury lawyer to learn more about a potential case. The People’s Lawyer of Central New York offers consultations free of charge to provide insight and counseling on a potential fidget spinner lawsuit.
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