Injury Lawyer's Death Provides Final Reminder about Dangers of Toys

Boston products liability attorney, Edward M. Swartz, spent his career pursuing dual roles. On the one hand, Swartz was an aggressive personal injury lawyer, who made headlines and scored multiple, multi-million-dollar legal victories against manufacturers of toys that injured children. On the other hand, he was a consumer advocate, crusading for the prevention of the very toy injuries from which he made his living, establishing a non-profit group that promoted toy safety and publishing a high-profile, annual list of "Ten Worst Toys." Swartz' efforts drew media attention to the problem of products endangering children, prompted recalls and design changes, and even helped spark legislative action.

Perhaps Swartz' final opportunity to personally draw attention to the dangers of blindly trusting established toy, furniture, and clothing brands came on Saturday, September 4, 2010, when news agencies carried news of his death from congestive heart failure, at age 76.

The "Ten Worst Toys" list, however, will likely carry on. While Swartz first began publishing the list in the 1970s, the list now emanates from Swartz' non-profit organization, WATCH (World Against Toys Causing Harm). WATCH conducts an annual "Toy Conference," at which prominently-branded toys are routinely fingered as dangerous culprits, in a continuing lapse of reasonable care on the part of designers and manufacturers.

The WATCH event echoes the experiences of many parents. Just about anyone who has small children has experienced at least one toy, item of clothing, or piece of furniture marketed for children that is simply not safe. Parents may assume that a toy is harmless, because it carries an established brand or it was purchased from a kid-centric store, like those that specialize in children's toys, but such assumptions can be deadly. In fact, according to WATCH, in the 12-month period between WATCH's 2008 and 2009 "Ten Worst Toys" lists, there were more than 31 toy recalls, efforts by manufacturers aimed at pulling millions upon millions of dangerous products off of U.S. store shelves.

In this day and age of computers and scientific design, toy recalls should be rare, but in reality, manufacturers blithely create whatever designers offer up, until some untrained eye notices obvious danger. Then designers and manufacturers issue an, "Oops, we did it again!" apology and recall the items. As is so often the case, the potential for profit triumphs over caution for the physical safety of purchasers, even where children are the targeted consumers.

Until stronger legislation is in place, it is up to you to protect your children from the thousands of toys and other items incessantly marketed to them on television, on the internet, in magazines, and in store displays. When you are purchasing products for your child, it is crucial that you look past the "feel-good" brand names and examine the items with a critical eye. How well is the toy made? Are there parts that could break off into small pieces or sharp shards? Are there strings or ropes attached that could be wrapped around a child's neck? Could any part of the toy be misused in a way that could produce choking, smothering, strangulation, or stabbing injuries? Is the product made of a substance that could be poisonous if ingested?

Unfortunately, even the most attentive parent can wind up in a hospital emergency room with a child who has swallowed a toy or has otherwise been injured by a product marketed as safe for use by children. If your child has suffered injury from a toy, an item of clothing, a piece of furniture, or any other product, he or she may be entitled to compensation from the companies that designed, manufactured, or marketed the item. A consultation with an experienced personal injury attorney who practices products liability law will provide you with an opportunity to learn your rights in this troubling situation.

Wherever possible, be sure to take the toy or other item, or whatever is left of it, with you to a first meeting with your personal injury lawyer. Most personal injury attorneys with successful products liability practices will want to show the actual toy to an expert, qualified to examine the injurious product and give an opinion about defects in the item's design or manufacture. This expert or another one chosen by your lawyer may eventually become a witness in your case. If you can, give your personal injury lawyer any original packaging and documentation that came with the product, as well, because warning labels and instructions can play a significant role in a products liability lawsuit.

The efforts of people like Swartz have vastly improved the safety of toys and other products marketed to children over the past 40 years. With luck and lots of careful attention to the products you purchase for your children, you may never have to handle a situation involving the injury or death of a child from a defective product. If you do, a knowledgeable personal injury attorney with a products liability practice can help guide you through this traumatic event, to obtain retribution for your child's injuries by seeking the compensation that he or she deserves.

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