Beach ball in pool

Swim Toy Dangers

Q: Are swim toy manufacturers liable for children’s injuries? 

Sadly, Santa Fe personal injury attorneys know all too well that summer fun and warm weather can bring an increase in injuries and deaths in any number of situations—from hot car tragedies and drowning episodes to motorcycle and pedestrian accidents. 

Sometimes, these tragedies stem from the negligence of toy manufacturers.

When someone is injured or killed due to a product with a design defect, manufacturing error, or insufficient safety instructions or warnings, they may be entitled to compensatory damages through a product liability lawsuit. Damages may be economic or non-economic in nature and differ on a case-by-case basis but often include such things as current and future medical expenses and lost income, pain and suffering, and more.

Examples of product liability lawsuits include injuries from:

  • defective automotive products (airbags, seatbelts, child car seats, etc.)
  • pharmaceutical products or medical devices
  • children’s toys and sporting goods equipment
  • household and other appliances, and more.

Recently, two young sisters were splashing in their 2-foot-deep kiddie pool wearing mermaid tail swimsuits. The bathing suit bottom appeared to be one long, snug piece of fabric (that both legs slip into together) with the waistband opening on one end and a large single fin at the foot end—just like a mermaid. 

Reportedly, the five-year-old “worked her arms down into the mermaid tale while ‘playing potato’… [and] pulled it up to her shoulders and ended up under the water”. She was reportedly pulled from the pool by her seven-year-old sister and resuscitated by her father who had admittedly turned his back briefly on the girls to assist his other child. 

Arguably, with both legs essentially bound together, keeping the arms and hands free while in the water is vital. It was unclear what, if any, warnings or safety instructions were given or if the product was defective. 

If you or a loved one has been injured, or loved one has been killed, due to a defective product, the product liability experts at Hunt Law Firm may help maximize the compensation to which you may be entitled. Contact us today to schedule a consultation. 

From our offices in Santa Fe, we’ve been providing injury victims in Albuquerque, Rio Rancho, Raton, Roswell, Los Alamos, Las Vegas, and throughout the state of New Mexico with powerful representation and caring, efficient service for nearly 20 years.