Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Slip-and-Fall, Work-related Injury
As the holidays draw near, many families begin searching for the perfect gifts. For parents and caregivers, this often includes shopping for toys that will light up a child’s face on Christmas morning. But not every toy on the shelf is as safe as it looks. Some can cause serious harm, and parents should avoid these dangerous Christmas toys altogether.
Each year, thousands of children end up in emergency rooms with toy-related injuries. Whether due to design flaws, hidden hazards, or lack of proper warning labels, these toys pose real risks. This guide walks you through how to spot unsafe toys, which recent products have raised concerns, and what steps to take if your child is hurt.
Toy safety in the United States falls under the Consumer Product Safety Commission (CPSC). This government agency sets standards and monitors toys for safety risks. However, because the system depends heavily on manufacturers self-reporting issues, not every danger is caught in time.
Another key player is W.A.T.C.H.—World Against Toys Causing Harm. This nonprofit has spent more than 50 years alerting families to harmful products through its annual “10 Worst Toys” list. While not a regulatory agency, W.A.T.C.H. helps raise awareness by naming toys that pose hidden hazards.
On average, a child is treated in an ER every three minutes for a toy-related injury.
Toys don’t have to look dangerous to cause harm. Many hazards are subtle and may not be obvious to the average shopper. Knowing what to look for can make all the difference.
One significant risk is choking hazards from toys with small parts. Buttons, beads, and tiny removable accessories can be easily swallowed, especially by toddlers. Similarly, button batteries—found in light-up and musical toys—can cause internal burns if swallowed.
Some toys contain strong magnets, which may attract each other inside the body and damage internal organs. Strangulation risks are also a concern, especially in toys with cords, ropes, or strings.
Blunt-force injuries are another common issue. Projectile toys like Nerf blasters or toy swords can cause severe eye damage. Toys made with flimsy or rigid plastic may result in cuts or puncture wounds.
From 2018 to 2020, over 50 children died from toy-related incidents. Most of these were preventable.
Every year, W.A.T.C.H. reviews new toys and publishes its list of the most dangerous ones. Some recent items on their list include:
Smart toys have also raised safety concerns. These products may collect data, have faulty wiring, or include parts that break off easily.
Many toys on store shelves this holiday season may seem harmless — but they can pose hidden hazards like choking, burns, or eye injuries. Awareness is key.
Most recalls happen after injuries are reported. That means the damage is already done. In many cases, unsafe toys are still in homes or schools even after they’ve been recalled.
These products often continue circulating through resale shops, yard sales, or online marketplaces. Because some parents may not hear about a recall right away, children remain at risk.
Recalls are often too late — by the time they’re issued, unsafe toys are already in homes, schools, and daycare centers.
It’s essential to read all labels and safety warnings. Look for toys that clearly show age recommendations and details about any potential hazards. Avoid toys with loose magnets, exposed batteries, or sharp edges.
Check the CPSC website to see if the toy has been involved in any recent recalls or mentioned in W.A.T.C.H.’s annual list. When buying online, be cautious of unknown brands or foreign-made toys with unclear instructions.
|
Toy Feature or Type |
Potential Hazard |
Common Injuries |
| Small Parts (e.g., beads) | Choking hazard | Airway obstruction, asphyxiation |
| Button Batteries | Internal burns, poisoning | Chemical burns, esophageal injury |
| Magnets | Internal attraction | Intestinal punctures, sepsis |
| Projectiles (e.g., Nerf guns) | High-velocity impact | Eye injuries, facial bruises |
| Plush Toys | Flammable material or suffocation | Burns, suffocation |
| Smart Toys | Privacy risks, faulty wiring | Data exposure, electrical burns |
If a defective toy injures your child, you may have legal options. In Louisiana, product liability laws hold manufacturers, distributors, and retailers responsible for dangerous products.
Under strict liability, parents don’t have to prove negligence. Instead, they need to show that the toy was unreasonably dangerous and caused harm. Claims may be based on poor design, manufacturing defects, or missing warnings.
The general statute of limitations for product injury cases in Louisiana is one year, though this may be extended when minors are involved.
Louisiana law allows parents to bring claims under strict product liability, meaning they don’t have to prove negligence — only that the toy was defective and caused harm.
Look for age ratings, safety labels, and battery safety. Avoid toys with sharp edges, magnets, or loose parts, and confirm the product hasn’t been recently recalled.
The best sources are the CPSC website and W.A.T.C.H.’s holiday toy list. Both are updated regularly, and list current recalls risks, and safety concerns.
Toys with missing warnings, small detachable parts, batteries you can easily remove, or poor construction can all be red flags for safety concerns.
You may be able to file a product liability claim. In Louisiana, manufacturers and sellers can be held responsible if a toy is unsafe and causes injury.
Not always. Some unsafe toys stay in circulation long after a recall. They often reappear in second-hand sales, online marketplaces, or donation drives.
A preventable injury should never overshadow the joy of gift-giving. As exciting as holiday shopping can be, it’s essential to stay alert and informed. Dangerous toys for kids still end up on store shelves each year, and many look perfectly harmless at first glance.
By understanding the risks, checking labels, and avoiding known hazards, parents can make safer choices. And if a defective toy has already caused harm, you don’t have to handle it alone.
Charbonnet Law Firm, LLC has helped families across Louisiana take action after dangerous product injuries. If you believe a toy has caused harm to your child, speak with our team to understand your legal rights and how we may be able to help.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
