Defective Products

Most returned holiday gifts

Most holiday gifts that are returned aren’t considered dangerous. For example, makeup that isn’t your preferred shade probably won’t hurt you. But there are other gifts, ones that were purchased with innocent intent, that could be defective and could cause significant harm.

If you were injured by a defective gift, please get in touch with a St. Louis personal injury lawyer with Langdon & Emison as soon as you can. We’ll investigate to determine what happened, and will hold the manufacturer and any other liable parties accountable for your injuries and damages.

Toys can be dangerous gifts

While it’s unlikely that someone purchases a toy as a Christmas gift with the intention of hurting a child, far too many children suffer severe harm due to dangerous, defective toys on a regular basis.

According to the U.S Consumer Product Safety Commission, in 2021 there were more than 150,000 toy-related injuries to children under the age of 15. These injuries required visits to an emergency room. Tragically, two children died – one after suffocating on a soft toy while sleeping, the other after choking on a small portion of a toy that broke off.

Most of the injuries resulted from contusions and lacerations affecting the head and face. 

Children love to receive toys for Christmas, of course, and they typically don’t know that they need to be cautious. Small children, for instance, will often chew on a toy even if it’s not designed to be consumed. If part of that toy becomes lodged in their throat, the results can be horrible. 

Riding toys, such as scooters and bicycles, can also lead to significant injuries either by not using them safely or not wearing appropriate protective gear. For example, they may take them on uneven terrain and have an accident as a result.

mot returned holiday gift scooter

Even packaging can be dangerous as it poses a risk of suffocation, or many toys have small plastic screws and other things securing them inside the box. If the manufacturer failed to warn about the risks of their packaging, they could be held liable for any injuries or deaths that result from the failure. 

If you have any doubts whatsoever about the safety of a toy your child received for Christmas, don’t hesitate to return it or otherwise dispose of it. You can find something else your child will love that will be much safer. 

Other gifts can be dangerous, too

You might be surprised to learn that about 6,000 people on average – including children and adults – are injured during the holidays simply by opening a gift. Another 5,000 are hurt due to electric shocks associated with their gifts. 

Tools and appliances are among the gifts that can carry a risk of injury – especially when they’re defectively designed or manufactured. Even shoes can be dangerous when they don’t provide enough traction on the soles. 

Gifts that often simply turn out to be duds

A majority of most returned holiday gifts pose little to no danger – they’re simply duds. Here are a few you might want to consider scratching off your list the next time you do your Christmas shopping to save money.

  •  Clothes – It can be difficult, if not impossible, to buy clothes for someone that will fit and that they’ll love. Everyone has their own preferences in terms of size, style, and color. The chances are pretty high that no matter how good you think a sweater looks, the recipient will end up returning it. 
  • Makeup – Makeup can be just as difficult to buy for other people. It’s not just a difference of size or style, but also their skin type, undertones, and preference in terms of product formation such as liquids, creams, or powder. Unless the recipient told you the exact product and shade they want, trying to determine the shade they need will likely be a waste of time and money.
  • Glassware – There’s a good chance that someone you’re purchasing glasses for already has plenty on hand. If they like a good cocktail every once in a while, you’ll be better off buying them alcohol rather than something to pour it in.

This isn’t to suggest you should just give gift cards to everybody next Christmas. But if you’re thinking about buying any of the above items on the list of the most returned holiday gifts, you might be better off looking for something else. 

Talk to us if you’ve been hurt by a defective product

The St. Louis personal injury lawyers with Langdon & Emison are here to help you obtain maximum compensation if you or a loved one was hurt by a defective product you purchased or were gifted. 

You can schedule a free evaluation of your case by contacting us online or calling (866) 931-2115.