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Baby rattles recalled due to choking hazard

For decades, rattles have been one of the go-to first toys a baby receives. Not only do rattles teach babies how to hold an object, but the sounds a rattle makes can be both soothing to the baby and good for the baby's development. The last thing parents want to hear is that their baby's rattle poses a threat to their safety, or a choking hazard.

This is the case recently with the popular rattle called the Oball. Manufactured by Kids II, the rattle is ball-shaped and has finger holes that make it easy for a baby to grasp. The hazard comes from three clear plastic discs around the ball, which contain orange beads. The discs can break and release the small beads.

There have been 42 reports of this happening, as well as two reports of beads found in children's mouths and three reports of gagging on the beads. The company recalled the rattles sold between January 2016 and February 2017.

What does the law say about choking hazards for children's toys?

Normally, choking hazards are clearly posted on warning labels of small toys or building blocks. Manufacturers are required to warn consumers about these choking hazards.

But in the cases of these rattles, since the small beads were not supposed to come out, parents may not have known before their purchase that the beads could fall out and that their child could choke on them, until they may have heard about the recall. Manufacturers issue recalls to try to minimize their liability in cases where someone was or could be injured by their product.

If your child chokes on a toy while using it in the manner it was intended, and there was no appropriate warning, you may be able to file a suit for your child's injuries or suffering.

The Consumer Product Safety Improvement Act of 2008 and the Federal Hazardous Substances Act contains legal regulations about which kind of product requires manufacturers to include a warning if they pose a choking hazard.

Furthermore, any toys that are for children under the age of three have specific, strict regulations about product warnings.

Both manufacturers and retailers who sell these toys have to abide by the federal regulations. If your child was injured or killed due to choking on a toy or part of a toy, a personal injury lawyer who is experienced in the laws around product liability can help determine who is responsible.

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