Children are the most prone population to injury, considering they have not had the knowledge or life experiences necessary to understand why something may harm them. Many of these injuries result from defective or hazardous toys that our children play with every single day. The Child Protection Safety Act, or CPSA, was an act initiated by Congress in order to help ensure the safety of children playing with toys. The CPSA provides means and laws necessary to protect children from these perilous toys.
If your child has been the victim of choking or some other hazard with a toy, then you may have a right to monetary damages for your child’s injury. In order to protect yourself and your family, you need to contact the Law Practice of Ken Kieklak immediately. Time may be running out on your opportunity to be compensated for your child’s personal injury, and a Fayetteville AR personal injury lawyer can help.
What is the Child Protection Safety Act?
The Child Protection Safety Act, or CPSA, is also known as H.R. 965, which was a bill that Congress enacted in 1994. The main portion of the Act, which covers toys or games for children who are at least 3, requires labeling identifying possible choking hazards:
(1) REQUIREMENT.—The packaging of any toy or game intended for use by children who are at least 3 years old but not older than 6 years (or such other upper age limit as the Commission may determine, which may not be less than 5 years old), any descriptive material which accompanies such toy or game, and, in the case of bulk sales of such toy or game when unpackaged, any bin, container for retail display, or vending machine from which the unpackaged toy or game is dispensed shall bear or contain the cautionary statement described in paragraph (2) if the toy or game—
(A) is manufactured for sale, offered for sale, or distributed in commerce in the United States, and
(B) includes a small part, as defined by the Commission.
The CPSA provides that the warning label for a choking hazard MUST expressly state that there are small parts included within the toy and that that the item is not for children under a certain age. This includes a “WARNING” and a warning symbol.
How Does The Child Protection Safety Act Protect My Child?
The CPSA protects your child because it enforces protective behavior by toy companies to ensure that each potentially hazardous toy is properly marked for parents to see. Furthermore, the CPSA identifies the proper age group for each individual toy. Without the CPSA, there would be no uniform means for testing children’s toys. There would also be no effective way to warn parents of the dangers that each toy presents to various age groups.
The CPSA also implicates the need for protective helmet wear for children riding bicycles. This law can be found in Title II of the Act. It essentially reinforces programs and political subdivisions that push for helmet use by children. The law states that a federal grant will be given to those programs and political subdivisions that require or encourage any person under the age of 16 to wear a bicycle helmet. Therefore, although there is no binding federal regulation or law requiring the use of bicycle helmets, the government will fund those state organizations that do require the use of a helmet.
With this approval of a federal grant for bicycle helmets, and its toy labeling requirements, the CPSA helps to protect and save the lives of children across the United States. That being said, many young children are still injured because of defective or hazardous toys.
Although the CPSA attempts to protect children with warning labels, there are still companies that fall through the “cracks” of these requirements. If your child has suffered an injury as a result of a defective or hazardous toy, then the CPSA may help solidify your claim. If a toy company fails to follow the parameters of the CPSA, then your claim is even stronger. In order to find out the best way to litigate your claim, contact the Law Practice of Ken Kieklak today.
Your Family Needs Knowledgeable and Skilled Representation
If a defective toy injured your son, daughter or family friend, then contact the Law Practice of Ken Kieklak immediately. You need legal representation that will protect your family’s rights while vigorously fighting on your behalf. The Child Protection Safety Act is just one guide to bringing a successful negligence claim. With its knowledge and experience of the CPSA and other possible claims, the Law Practice of Ken Kieklak will be able to properly advise you and your family on your case.
For more than 20 years, Ken Kieklak has stood-up for Arkansas families who have suffered terrible injuries. For your free and confidential consultation, contact an Arkansas personal injury lawyer at the Law Practice of Ken Kieklak by calling (479) 316-0438 or contact us online today.