Child Injury - Toys That Kill Part III by Cincinnati Lawyer Castelli

West Chester, Mason, and Cincinnati Ohio

This article on child injury is the third in a series about dangerous toys that are being sold right now. Toys that can maim and/or kill. In previous articles we dealt with toxic toys,  those containing lead or phalates. These articles are prompted by research done by the Ohio Public Interest Research Group and the report they authored Troubles in Toyland. This article will emphasize the toys that are out there that can kill.

As a Cincinnati personal injury attorney the saddest thing I see is the death of a child. It's deeper than calling such a death a tragedy, especially when it could have been prevented. Criminal law rarely holds the wrongdoer responsible. That's why it's left to a personal injury wrongful death lawyer to bring the wrongdoer to justice by making them pay where it hurts the most, in the pocketbook.

The two biggest risks of death from toys are choking and strangulation. The United States Consumer Protection Safety Commission banned the sale of toys intended for children under  the age of 3 if they fit inside a choke test cylinder , which has a diameter of 1.75 inches. This approximates the throat of a child under three. This also applies to toys that during use and abuse can separate and have an object of that size. There are three factors that determine if a toy is for use for a child under three:

  • 1. the manufacturer's stated intent, the age labeling,
  • 2. the advertising and marketing of the toy,
  • 3. is the toy commonly recognized for use by a child under three.
  • Here are the toys identified as choking hazards without proper labeling or warning, there may be more.


1. Wooden block set manufactured by toy smith . Several blocks fit in the small parts test tube. 

2. Sesame St Doll Oscar. Garbage can lid hat comes off easily, fits in small parts test tube 

3. Green rubber grape by Iwako. Missing required choke hazard warning label as it fits in tester but determined for ages 3-6 

Child injury choking hazard


Child injury Choking Hazard

Other toys are mentioned. Primarily because of a lack of warning, since even though they fit through the small ball tester they are directed toward children 3-6 The warning  looks like this: Warning Choking Hazard Not intended for children under 3 . For some reason this appears a bit arbitrary. For instance, when marbles are sold. they are a choking hazard. They just need a warning. No one is going to say ban marbles. And certainly there is a large part of parental responsibility in watching over your child.

If you have questions about your child injury contact Cincinnati personal injury lawyer Anthony Castelli Attorney 513-621-2345 for a free consultation.

Read part 4 the final in the series on How to Protect Your Child From Dangerous Toys