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You bought a defective product and it is really bothering you. This goes beyond a little dissatisfaction. You believe the item is dangerous. Where do you turn?
The Consumer Product Safety Commission (CPSC) provides guidance to companies and individual consumers about dangerous products and recalls. Anyone can file a complaint with the bureau and there is a form online that enables you to do so. But some parties must report a defective product when they become aware of it, and that applies to toy manufacturers.
What Is a Defect?
A defect is a flaw in design or an irregularity that causes a product to function poorly or inadequately. Defects occur due to issues with manufacturing or production, design flaws, faulty materials, improper labels and warnings, and more.
According to the CPSC, when a company becomes aware of a defect, it must report it immediately, meaning within 24 hours of receiving reportable information. But the authority also says that a company investigating a defect, and not yet certain whether there is a reportable issue, may take additional time to investigate and determine if the issue requires reporting and a recall.
What is reportable depends on the type of product as well as the issues that have arisen. For example, manufacturers, retailers, distributors, and importers of children's toys including items of a certain diameter must report when a child choked on a small item and, as a result of the incident, ceased breathing for any length of time, had to be treated by a medical professional, was injured, or died.
Ideally, the agency is alerted to the dangers of the particular product before someone dies, which is why any incident at all involving children choking on marbles or small balls are reported.
The CPSC points out that not every product that presents a risk of injury is defective, The agency considers the following factors when determining whether risk of injury associated with the product makes it defective.
For your part, if you suspect that a product is defective or dangerous, don't wait. Let the CPSC know your concerns. You may not be the only one to have them, and you could be helping to save a life down the line.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.