Defective Toys and Gift Recalls: Protecting Your Family This Christmas

Each Christmas season brings joy, tradition, and that unmistakable excitement of unwrapping new gifts, but it also brings something far less cheerful: a surge in toy recalls, hidden hazards, and defective products that find their way onto store shelves and into holiday gift piles.

While most parents, grandparents, and caregivers assume that the toys being sold in major retail stores are safe, the reality is that dangerous products routinely slip through the cracks, sometimes with devastating consequences.

At Morgan & Morgan, we believe every family deserves to enjoy the holidays without the fear of preventable injuries. Understanding the risks, identifying recalled products, and knowing your legal rights can help keep your loved ones safe throughout the season and beyond.

Why Do Toy Recalls Spike Around the Holidays?

The months leading up to Christmas are the busiest for toy manufacturers and retailers. Companies rush to meet demand for the year’s “must-have” items, new product launches accelerate, and production lines often expand rapidly. Under pressure to produce millions of units quickly, safety issues can go unnoticed.

Some of the most common reasons toys are recalled include:

Choking Hazards

Small parts detaching from toys, such as buttons, batteries, magnets, or decorative pieces, can become life-threatening for young children. Even toys labeled for “ages 3+” can break into pieces that pose a danger.

Toxic Materials

Despite strict federal regulations, harmful substances like lead-based paint, phthalates, or toxic metals sometimes make their way into toys, especially when production is outsourced.

Sharp Edges or Faulty Construction

Plastic pieces that crack under pressure, metal parts that protrude unexpectedly, or defective seams in stuffed animals can all cause serious cuts or puncture wounds.

Fire and Burn Risks

Overheated batteries or malfunctioning electronic components cause many holiday-season recalls, especially in popular tech toys, hoverboards, and kids’ ride-on vehicles.

Strangulation and Entrapment Risks

Children can become entangled in strings, straps, or faulty moving parts found in swings, activity centers, and toys with pull cords.

Unsafe Packaging

Loose plastic bags, wires, or packaging materials can also create hazards, especially for toddlers.

When a defect is discovered, companies will issue a recall, but that doesn’t mean the toy disappears immediately. Many parents unknowingly purchase already recalled products through resale sites, secondhand markets, or clearance bins.

How to Check Whether a Gift Has Been Recalled

With the sheer number of products circulating during the holiday season, it’s critical to be proactive. Whether you’ve already wrapped your gifts or are still shopping, take a few minutes to verify their safety.

Check the CPSC Database

The U.S. Consumer Product Safety Commission (CPSC) maintains an up-to-date recall list of toys, electronics, furniture, clothing, and more. You can search by product category, brand name, or date.

Register Your Products

Many toys and children’s items include registration cards or online portals. Registering allows the manufacturer to notify you directly if a recall occurs.

Monitor Retailer Announcements

Major retailers such as Target, Walmart, and Amazon often issue their own recall notices, even when a manufacturer does not.

Be Cautious with Discount Stores and Secondary Markets

While thrift stores, online marketplaces, and discount retailers can be great for saving money, they may still carry recalled products that slipped through distribution channels.

By checking regularly and especially during December, you can avoid unintentionally giving someone a dangerous gift.

Recognizing the Signs of a Defective Toy

Sometimes a toy hasn’t been officially recalled but still shows warning signs that it may be defective. Red flags include:

• Loose or detachable components in toys meant for young kids
• A strong chemical smell
• Excessive heat during charging or use
• Fragile construction or parts breaking off in your hands
• Exposed wiring or batteries
• Sharp corners or edges on plastic toys
• Unusual noises, smoke, or sparks from electronic toys
• Poorly written or incomplete safety instructions

Even if the toy seems fine initially, defects often show up after normal play. Trust your instincts: if something feels off, take it away from the child immediately.

Common Injuries Caused by Defective Toys and Holiday Gifts

The injuries caused by unsafe toys range from mild to catastrophic. During the holidays, emergency rooms see an uptick in toy-related injuries, many of which could have been prevented.

Choking and Suffocation

The most common ER visits involving toys occur in children under age 5. Small parts, balloons, and batteries are the biggest culprits.

Poisoning

Exposure to toxic materials, especially lead, can cause long-term developmental and neurological damage.

Burns

Malfunctioning lithium-ion batteries can overheat, catch fire, or even explode. This has been a particular issue in recent years with hoverboards, e-scooters, and battery-operated toys.

Lacerations and Puncture Wounds

Sharp edges or poorly assembled parts can cut deeply, requiring stitches or causing permanent scarring.

Bone Fractures and Crush Injuries

Ride-on toys, scooters, and electronic vehicles can cause falls or malfunctions that result in serious orthopedic injuries.

Eye Injuries

Projectile toys, faulty slingshots, and poorly calibrated drones can cause corneal abrasions, vision impairment, or permanent eye damage.

If your child or a loved one is injured by a defective toy, it’s important to document everything: photographs, receipts, packaging, medical care—and contact a lawyer before dealing with the manufacturer.

What to Do if You Discover a Recalled or Defective Toy

If you open a gift or receive a recall notice, here are the steps to take:

1. Remove the Toy Immediately

Take it away from the child and place it out of reach.

2. Document the Product

Keep the packaging, product ID numbers, instructions, and receipts. This evidence is essential if an injury occurs later.

3. Register a Safety Complaint

You can report the hazard to the CPSC. Your report helps protect other families.

4. Follow the Recall Instructions

Some recalls offer refunds, replacements, or repairs. However, this does not prevent you from pursuing legal action if an injury has already occurred.

5. Watch for Delayed Symptoms

Some injuries, like lead exposure, internal injuries, or battery-related chemical burns, may not be immediately visible.

6. Contact a Product Liability Attorney

Manufacturers and retailers may deny responsibility or pressure you to settle quickly. Speaking with an attorney ensures that your rights are protected and that your family receives the compensation you deserve.

Who Can Be Held Liable for a Defective Toy?

Product liability cases often involve multiple responsible parties. Depending on where the defect occurred, one or more of the following may be held accountable:

The Manufacturer

This includes companies that design, assemble, or produce the toy.

The Distributor

Companies in the supply chain may share responsibility if they contributed to the defect.

Retailers

Stores that sell unsafe or recalled toys can also be liable, even if they weren’t aware of the defect.

Online Marketplaces

Platforms that facilitate third-party sales may be responsible when counterfeit or unsafe products are sold on their sites.

Testing Laboratories

If a third-party lab certified the toy as safe despite its hazards, they may also be included in a claim.

Because liability can be complex, navigating a defective toy claim on your own can be overwhelming. An experienced law firm can investigate how and why the defect occurred and who should be held accountable.

What Compensation Can Families Recover?

If your child or loved one has been injured by a defective toy or Christmas gift, you may be entitled to financial compensation for:

• Medical treatment and hospitalization
• Long-term rehabilitation or therapy
• Permanent disability or disfigurement
• Emotional distress
• Lost wages if a parent must miss work for caregiving
• Pain and suffering
• Wrongful death damages in tragic cases

Every case is different, and compensation will depend on the severity of the injury, the nature of the defect, and the responsible parties involved.

How Morgan & Morgan Can Help

For decades, Morgan & Morgan has helped families across the country stand up to major corporations, manufacturers, and retailers whose negligent products cause harm. We’re known for taking on big cases and winning them.

When you hire us, we will investigate the product’s design, manufacturing process, and safety record, and we will even work with engineers, industry experts, and safety specialists to get expert opinions on your claim.

We can help determine whether the company violated federal safety standards, identify all responsible parties, and handle all communication with corporate lawyers and insurance companies.

We work For the People, not the corporations that put profits over safety. And we never charge upfront; we get paid only if we win for you.

The holidays should be filled with celebration, not emergency room visits or fear that the gifts under your tree may harm your child. By staying informed, checking recall lists, and acting quickly when something seems off, you can reduce the risk of injury and enjoy a safe, joyful season.

If your family has been impacted by a defective toy or recalled gift, you don’t have to navigate the aftermath alone. Morgan & Morgan is here to protect your rights, hold negligent companies accountable, and fight for the compensation your family deserves.

If you or your child was injured by a defective toy this Christmas, contact Morgan & Morgan today for a free, confidential case evaluation.