Defective toys: what nj parents need to know about product liability claims

A toddler leaning over a large orange toy dump truck in a garage, used to illustrate the potential risks and injuries associated with defective toys.

The holiday season is a time of pure magic for children. Across New Jersey, from the suburbs of Paramus to the shore towns of Monmouth County, parents spend weeks searching for that perfect gift that will light up their child’s face on Christmas morning or during Hanukkah. However, that joy can turn into a nightmare in a matter of seconds if a toy turns out to be defective or unreasonably dangerous.

As we move through the 2025 holiday season, new hazards, from high-powered magnets to toxic lead levels in imported goods, continue to hit the market. At Team Law, we believe that no family should have to suffer because a multi-billion-dollar toy company cut corners on safety.

If your child has been injured by a defective toy, you have rights under the New Jersey Product Liability Act (NJPLA). This guide explains what you need to know about pursuing a claim and holding negligent manufacturers accountable.

The Growing Risk of Defective Toys in 2025

Despite strict federal regulations, dangerous toys still find their way into New Jersey homes. In late 2025, several major recalls highlighted the ongoing risks. For instance, in October 2025, thousands of units of magnetic ball sets were recalled due to ingestion hazards, and surprise eggs were pulled from shelves for violating federal lead content bans.

The hazards generally fall into four high-risk categories that every NJ parent should monitor:

Small Parts and Choking: Still the leading cause of toy-related fatalities, particularly for children under three.
Ingestion Hazards: Beyond choking, items like high-powered magnets and button batteries can cause catastrophic internal chemical burns or intestinal blockage if swallowed.
Toxic Substances: Lead in paint or plastics, as well as prohibited phthalates, remain a concern in imported toys.
Mechanical Failures: This includes collapsing strollers, sharp edges on broken plastic, or ride-on vehicles with sticking accelerators.

Understanding the Three Types of Product Defects

Under New Jersey law, you do not necessarily have to prove that a company was careless in the traditional sense. Instead, product liability is often based on Strict Liability. To win a case, you must typically prove that the toy was defective in one of three ways:

1. Design Defects

A design defect means the toy was inherently dangerous from the moment it was conceived on the drawing board. Even if it was manufactured perfectly according to the blueprints, the design itself makes it unsafe for its intended use. An example would be a toy intended for toddlers that includes small, detachable parts by design, creating a predictable choking hazard.

2. Manufacturing Defects

A manufacturing defect occurs when a toy deviates from its intended design during the production process. Perhaps a specific batch of bicycles was assembled with weak bolts, or a plastic doll was made with a brittle chemical compound that causes it to shatter into sharp shards. In these cases, the design was safe, but the execution was flawed.

3. Failure to Warn (Marketing Defects)

Sometimes a toy is safe if used in a very specific way, but dangerous otherwise. If a manufacturer fails to provide adequate warnings about hidden dangers or clear instructions for safe use, they can be held liable. A classic example is a toy that lacks a choking hazard warning for children under a certain age.

The New Jersey Product Liability Act (NJPLA)

In New Jersey, most claims involving defective toys are governed by the New Jersey Product Liability Act. This statute was designed to streamline the process for injured consumers.

The most important takeaway for parents is that the NJPLA focuses on the product, not the conduct of the manufacturer. If the product was not reasonably fit, suitable, or safe for its intended purpose, the manufacturer or seller can be held liable for the resulting damages. This means you don’t have to prove the company knew it was dangerous; you only have to prove that it was dangerous and that it caused the injury.

What to Do if Your Child is Injured by Defective Toys

If a holiday gift causes an injury, your priority is your child’s health. Once the medical situation is stable, follow these steps to protect your legal options:

Keep the Toy: This is the most critical piece of evidence. Do not throw it away, and do not return it to the manufacturer for a refund. Keep every piece, even if the toy shattered.
Save the Packaging and Receipts: The box and the instruction manual often contain the Failure to Warn evidence your attorney will need. The receipt helps prove the chain of commerce (who sold it and when).
Take Photographs: Document the injury itself and the scene where the accident happened.
Seek Specialized Medical Care If Necessary: Some toy injuries, like lead poisoning or internal damage from magnets, require specialized testing that a standard ER might miss.
Consult an Experienced Attorney: Toy companies have massive legal teams. You need a team of your own that understands the NJPLA and has a track record of success in product liability.

What Compensation Can You Recover After Being Injured by Defective Toys?

A successful product liability claim can provide compensation for both economic and non-economic losses, including:

Medical Expenses: Coverage for hospital stays, surgeries, physical therapy, and any future medical needs.
Pain and Suffering: Compensation for the physical pain and emotional trauma your child endured.
Permanent Disability or Disfigurement: If the injury leaves lasting scars or affects the child’s long-term development.
Parental Economic Loss: If you had to take significant time off work to care for your injured child, you may be able to recover those lost wages.

Why Choose Team Law?

For over 60 years, Team Law has been a voice for the families of New Jersey. We understand that an injury to a child is the most stressful event a parent can face. Our attorneys have recovered millions of dollars for victims of defective products.

We work on a contingency fee basis. This means you don’t pay us anything unless we successfully recover money for your family. We have offices conveniently located in Newark, Jersey City, New Brunswick, and Edison to serve you.

Protect Your Family Today

The holiday season should be about making memories, not dealing with the aftermath of a preventable tragedy. If a defective toy has harmed your child, don’t face the corporate giants alone.

Call 1-800-TEAM-LAW or contact us online to schedule your free, no-obligation case evaluation. Let our family help yours when facing the aftermath of defective toys.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.