Can You Sue a Manufacturer for a Defective Toy?

A child’s toy is meant to entertain and please a child. Sadly, unsafe toys have flooded the markets (often made overseas where safety laws are lax) posing a significant threat to young children. When toy companies and retailers prioritize their profits ahead of consumer safety, the result is a slew of defective products placed on toy store shelves. A defective toy that poses choking hazards or malfunctions can cause serious, if not fatal, injuries. Manufacturers and retailers, regardless of where their products are manufactured, are required by law to provide safe toys. Federal and statewide regulations are in place to protect children. Therefore, when a toy is defective, the manufacturer might be to blame when an innocent child is injured as a result.

US Consumer Product Safety Commission Protects Against Product Defect Injuries

All manufacturers and importers of children’s toys and products in the U.S. are required by federal law to have a written Children’s Product Certificate (CPC). The certificate comes from a Consumer Product Safety Commission (CPSC) laboratory. The laboratory then certifies that the goods comply with all federal safety regulations. Furthermore, international and U.S.-based manufacturers must abide by the ASTM International F963 Toy Safety Standard. Any manufacturer that fails to comply, and sells products to United States consumers has violated the law and will be held liable for product defect liability.

Product Liability and Product Defect Injuries: Holding Manufacturers Responsible

Toy injury claims are based on the legal concept known as product liability. A personal injury attorney would argue that the toy was either defective by design, construction, or components. In these types of cases, multiple parties might be liable for the product defect injuries.

Potential Defendants in a Product Liability Case

There could be more than one defendant in these kinds of cases, including the following:


The manufacturer is the first line of defense. They must have quality control and assurance in place to protect consumers against defects. Therefore, they are often the first defendant listed in a defect injury claim.


Retailers have an obligation to ensure the products they place on their shelves are safe. Therefore, selling a defective product might earn them a place in the suit as well.

Third Party Manufacturer

Manufacturers might receive components from third-party suppliers. If those third-party providers knowingly give defective parts, then they too might be held liable.

Distributors and Wholesalers

Furthermore, the merchants that sell products to small retail locations are part of the distribution chain and could be liable.

Speak with a Personal Injury Attorney Regarding Product Defect Injuries

Defect injuries and product liability claims are highly complex. To ensure you receive compensation, contact an attorney from Udall Shumway, PLC.


This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you or someone you know wishes to seek the help of an experienced personal injury attorney regarding Injuries from a Defective Toy, or other personal injury matters, call 480.461.5300. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.