Toys are meant to bring children happiness—moments of imagination, learning, and laughter. No parent ever expects a toy to become a source of danger. Yet when a child is suddenly injured by a product you trusted to be safe, the experience can be terrifying. Many parents describe the same rush of emotions: shock, fear, confusion, and a deep worry about whether their child will fully recover.

In recent years, dangerous toy recalls have become more common. Hidden hazards—like defective designs, loose or detachable small parts, toxic materials in paints or plastics, overheating batteries, or powerful internal magnets—can turn everyday items into serious safety risks. Some of these dangers are not obvious until an injury occurs.

At Liss, Shapero & Mitnick, we understand how overwhelming these situations can be. For more than 50 years, our firm has put “your rights first,” providing families with guidance, clarity, and the reassurance that you will never face the aftermath alone. When a child is hurt, you become part of our family—and your story becomes our mission.

Understanding Dangerous Toys & Product Recalls

What Makes a Toy “Dangerous”?

A toy may be considered dangerous when it fails to meet the safety expectations that any reasonable parent would expect. Common causes include:

• Defective design – The toy is unsafe even when used as intended.
• Manufacturing defects – Something went wrong during production, making only certain batches hazardous.
• Inadequate warnings or age-appropriate instructions – The manufacturer failed to communicate the risks clearly or appropriately for children.

In many cases, a toy may appear harmless but contains a hidden flaw that only becomes clear after a serious incident.

How Toy Recalls Work

The Consumer Product Safety Commission (CPSC) oversees toy safety in the United States. When a manufacturer becomes aware of a defect—or when injuries start being reported—the CPSC may issue a voluntary or mandatory recall.

• Voluntary recalls happen when the company agrees to remove the toy from stores and notify consumers.
• Mandatory recalls occur when the CPSC orders a company to act after determining the product poses a serious risk.

Unfortunately, recalls often occur after children have already been harmed. Even worse, many families never receive the recall notice—and dangerous toys continue to sit in playrooms, classrooms, and daycare centers long after the product has been pulled from shelves.

What Parents Should Do Immediately After a Child Is Hurt by a Toy

Prioritize Medical Care

Your child’s safety and well-being come first.

• Call 911 immediately if your child is choking, experiencing difficulty breathing, or has suffered a serious injury.
• Document all symptoms, even those that seem minor. Some injuries—like concussions, internal burns from swallowed batteries, or internal damage caused by magnets—may not appear right away.
• Follow up with pediatric specialists, such as neurologists, orthopedic physicians, or child psychologists, depending on the nature of the injury.

Medical records will not only support your child’s recovery—they also serve as important documentation if a legal claim becomes necessary.

Preserve the Defective Toy

One of the biggest mistakes parents make is throwing the toy away.

• Do not dispose of the toy, even if it is broken or seems dangerous to keep.
• Keep all broken parts, including small pieces, batteries, magnets, or internal components.
• Save the packaging, manuals, proof of purchase, and receipts.
• Store everything in a safe, sealed location, away from children.

This toy becomes key evidence. Without it, proving what happened can be much more difficult.

Take Photos & Document Everything

Photos and notes help create a clear timeline of what happened. Take pictures of:

• Your child’s injuries, including bruising, swelling, lacerations, burns, or rashes.
• The toy’s condition, before and after the incident.
• The location where the incident occurred, such as the play area, crib, or outdoors.
• Any clothing or items involved, especially if they show tears, burn marks, or residues.

The more detail you capture now, the stronger your case will be later.

Save All Communications

Keep every piece of information relating to the toy and the incident, including:

• Emails, messages, or social media interactions with the manufacturer or retailer.
• Product registration cards or warranty records.
• Recall notices you may have received or discovered afterward.

Manufacturers often monitor consumer complaints, and these communications can show they were aware of the issue.

Reporting the Toy to Authorities

File a Report with the CPSC

The Consumer Product Safety Commission (CPSC) manages toy recalls and safety investigations.
Reporting your child’s injury to the CPSC can:

• Initiate investigations that may lead to broader recalls, and
• Protect other children from the same dangerous product.

Your report becomes part of a national database used by regulators, medical professionals, and safety researchers.

Notify the Retailer or Manufacturer — But Be Cautious

After an incident, many companies immediately reach out to parents.
Be careful. Their goal is to limit their liability.

We strongly advise that you:

• Avoid giving recorded statements, which can be used against you.
• Do not sign any release forms without legal review.
• Do not accept refunds, replacements, or store credit before speaking with an attorney.

Even what seems like a simple refund may legally waive your right to pursue full compensation.

Why Legal Guidance Is Crucial When Contacting Companies

Manufacturers often have teams of lawyers working to minimize responsibility. Without legal guidance:

• Innocent statements can be taken out of context, weakening your claim.
• Companies may shift blame onto the child or parent.
• They may attempt to quickly resolve the issue for as little money as possible—before you understand the full extent of your child’s injuries.

Having a dedicated legal advocate ensures your family’s rights are protected from the very beginning.

When a Toy Injures Your Child: Your Legal Rights in Michigan

Michigan Product Liability Basics

Michigan law requires companies to design and manufacture toys that are reasonably safe for their intended use. Manufacturers can be held liable for:

• Design defects – a flaw in the toy’s overall design that makes it unsafe from the start.
• Manufacturing defects – an error during production that causes only certain units to be dangerous.
• Failure to warn – inadequate instructions, missing age recommendations, or failure to warn about known hazards.

Who May Be Liable

Multiple parties may share responsibility, including:

• Toy manufacturers
• Importers or distributors
• Retailers or online sellers
• Component manufacturers, such as battery suppliers or electronics producers

Compensation Families May Be Entitled To

A defective toy injury can create lifelong consequences. Families may be able to recover compensation for:

• Current and future medical bills
• Pain and suffering
• Emotional trauma, including anxiety or PTSD
• Permanent scarring or disfigurement
• Long-term disability, therapy, or rehabilitation
• Lost wages if a parent must miss work to care for the child
• Wrongful death damages, in the most tragic cases

How LSM Builds These Cases

At Liss, Shapero & Mitnick, every client benefits from the strength of our entire team—a point of pride in our firm’s culture. Your case is never handled by just one person. From intake to litigation, our attorneys and staff work together to ensure you receive comprehensive support.

Our process includes:

• Thorough investigation into how and why the toy failed
• Expert analysis, including engineers, safety specialists, pediatric medical experts, and economists
• A deep understanding of complex liability issues, including cases with “thin liability but significant damages”
• A commitment to honesty, integrity, and clear communication at every stage
• Compassionate representation rooted in our community-first values

Your Child’s Safety Matters — Let LSM Help Protect Their Future

When a child is injured by a toy, the impact reaches far beyond the moment of the accident. Your family may feel overwhelmed, frightened, and unsure of where to turn. At Liss, Shapero & Mitnick, we want you to know that you are not alone. Your child’s story deserves to be heard, and your family deserves answers, accountability, and support.

Our firm is built on integrity, clarity, and a steadfast commitment to putting your rights first. When you come to us, you receive the strength of an entire team working together—just as we have for families throughout Berkley and the greater Metro Detroit community for more than 50 years.

If your child has been injured by a dangerous or defective toy, we encourage you to reach out early. Key evidence can be lost quickly, and early legal guidance ensures your rights are fully protected from day one.

Contact Liss, Shapero & Mitnick

Liss, Shapero & Mitnick (LSM Lawyers)
2695 Coolidge Highway
Berkley, MI 48072

Phone: 248-584-1300
Toll-Free: 1-855-LISS-LAW (1-855-547-7529)
Website: lsmlawyers.com

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