Target Faces Criticism For Not Recalling Fidget Spinners With Reported High Lead Levels

Target has received criticism recently by a consumer advocacy group for not recalling fidget spinners that allegedly contain what is considered by experts to be excessive levels of lead. Target and Bulls-I-Toys were targeted in a report made by the U.S Public Interest Research Group, which stated that both stores hadn’t taken any action towards taking the fidget spinners off of store shelves. Target and Bulls-I-Toys defended their decision by saying that the fidget spinners are for ‘general use’ and are not categorized by the Consumer Product Safety Commission as children’s toys. Supporting their claim, they have pointed out that the packaging states that the product is for customers aged 14 and older, however, until Thursday the description on Target’s website said the product in question, Fidget Wild spinner, was for children ‘6 years and up.’

The toy reported is placed near other products meant for younger children, as well as sporting goods, adult board games, and other items. There have also been reports of the product being sold in the front of the store. Studies of the Fidget Wild spinner have shown that the product has levels of lead that exceed the legal limit of 100 parts per million. A lab report showed that the product in questions had 33,000 parts per million for lead, while the accompanying Fidget Wild Premium Spinner in Metal tested at 1,300 parts per million. If a young child is exposed to this high amount of lead, they could succumb to lead poisoning which can cause organ damage and other long-term health problems. If you or a loved one have purchased one of these fidget spinners and are concerned that you have suffered from lead poisoning, you may be eligible to file a claim for significant monetary compensation. However, when filing a claim against a product manufacturing company or a large company like Target or Bulls-I-Toys it is important that you have a skilled attorney ready and willing to fight for you and your case. At Normandie Law Firm our experienced product recall and personal injury attorneys can guide you through the often-complicated process of building a case, filing a claim, and collecting compensation for the damages that you and your family have had to endure. If you have any questions after reading this article, please feel free to reach out to our law offices in Los Angeles for a free consultation by one of our skilled legal advisors.

Product Defects
If you are considering filing a lawsuit against the Fidget Spinner manufacturing company for their defective product, you must first understand the process of product liability law. Under product liability law, product manufacturers are expected to keep defective products out of the hands of consumers. Product liability law also dictates that victims of defective products have every right to pursue legal action against the company responsible for the damages. However, filing suits against large manufacturing companies can be somewhat challenging. For one, it is likely that numerous companies helped bring the Fidget Spinner in question from design floor to Target retail floor. In this case, any one of these many companies involved could be found liable for the damages. When filing a product liability lawsuit, it is crucial that you can adequately trace the defect back to the company or companies responsible. Listed below are the three common areas where a product defect is likely to occur, and what these defects could mean for you and your case:

  • Design Defects: These are the defects that can occur before the product is sent to the assembly line. The defects that occur in this stage of production are faults that make the product inherently dangerous. In most cases, these defects can lead to full-scale product recalls, and the company which organized the design of the product could be held liable for the damages.
  • Manufacturing Defects: These defects typically occur on the assembly line of the product. They can range from minor mistakes along the manufacturing chain to reoccurring mistakes that can result in wide-spread recalls. In these instances, the manufacturing company could be deemed responsible for the damages.
  • Marketing Defects: These defects occur during the marketing of a specific product. These defects include things like improper labeling, insufficient instructions, or inadequate safety warnings.

Liability of Target and Bulls-I-Toys
In regards to this case, there could be a form of shared liability between the manufacturers and Target and Bulls-I-Toys. These retail stores, after having received criticism from consumer advocacy groups should have taken these products from their store shelves. This is doubly true after lab results showed adverse amounts of lead in the Fidget Spinner products. If you or your loved one suffered lead poisoning as a result of this product, you could not only sue the manufacturing company for developing a product that exceeded Federal lead content standards but against the retail stores for keeping the product on their shelves. When filing a lawsuit against a retail store for damages, it is important that you have adequate evidence to prove their liability. This evidence can take the form of expert testimonies such as the lead lab test results, photographs of the packaging and the product, and even medical records detailing the damages that you or your loved one suffered from using this product. This evidence can then be used to support a claim of negligence which can be filed against the retail stores for refusing to take this product off of their store shelves. Listed below are the key components of a claim of negligence:

  • Duty: The plaintiff (injured or damaged party) must be able to show that the defendant (Target and Bulls-I-Toys) owed a legal duty to the plaintiff under the particular circumstances of the case.
  • Breach: The plaintiff must be able to show that the defendant breached said legal duty through specific actions or failing to act appropriately
  • Causation: The plaintiff must be able to show that the defendant’s actions or lack thereof caused the plaintiff’s injuries
  • Damages: The plaintiff must be able to show that they endured some specific damages. This can usually be shown through the presentation of medical records, a loss of wages, or a loss of potential income.

Other Legal Hurdles & The Damages
Proving the negligence of a manufacturing company or a retail store isn’t the only legal hurdle that you will need to overcome to reach a favorable outcome for your case. As well as proving liability and negligence, you must also be able to follow the statute of limitations that influence lawsuits in your state. The statute of limitations is essentially the period in which an injured party can file a suit against the liable party, or in this case company. The statute of limitations can change depending on the case, and the state in which the case took place. However, in the state of California, all cases regarding personal injury have two years from the date they occur to be filed and brought to court. If you do not follow the statute of limitations, you could find your case dismissed from court entirely.

It is also important that you can identify the damages that you or your loved ones suffer. In regards to this case, lead poisoning can cause some significant trauma, and can in some cases result in a lifetime of poor health, and the need for extensive care. Young children are usually at the highest risk for lead poisoning, and similarly, young children are going to more than likely be the ones who purchase one of these Fidget Spinners. Some symptoms of lead poisoning include:

  • Lower intelligence and smaller size compared to other children within the same age group
  • Behavioral issues, such as a short temper, excessively violent, moody, or hyperactive
  • Learning disabilities
  • Lack of energy
  • Lack of appetite

Lead poisoning can lead to some truly devastating damages, such as organ failure, seizures, comas, and even paralysis. Those who suffer lead poisoning as a result of this defective product have a right to seek all the compensation they may require to cover the damages they have been dealt. However, as stated prior it is in your best interest to seek adequate legal representation from a skilled and experienced attorney. Having the right attorney on your side can make the difference between filing a successful claim for compensation and having your case dismissed from court entirely.

How Normandie Law Firm Can Help
If you or a loved one have contracted lead poisoning as a result of the Fidget Wild Spinner or Fidget Wild Premium Spinner, you may be eligible to file a claim for significant monetary compensation. However, in pursuing compensation, it is best to seek the assistance of a skilled attorney, as large manufacturing and retail companies more than likely have the resources to employ their team of expert lawyers to dispute your claims. At Normandie Law Firm our skilled attorneys can guide you through the process of building your case, filing your claim, and collecting compensation for your damages. Those who file a claim with our law firm can find some if not all of the following damages compensable to them:

  • All of you medical and hospitalization costs
  • All of your future medical care and treatment
  • A loss of income and loss of future earnings due to long-term recovery or permanent disability due to the accident
  • Compensable economic damages include loss of property or damaged property.
  • Compensable non-economic damages include emotional distress, trauma, PTSD resulting from the accident, pain and suffering and anxiety.

Victims of this defective product or other defective products similar to this one can contact our law offices to learn more about how to receive compensation for their injuries. While our law firm is based in Los Angeles, our attorneys also practice in Oakland, San Francisco, San Diego, Sacramento, Orange County, Riverside, Fresno, and throughout the state of California.

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If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages.

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