New gadgets and toys light up December, until a button battery gets swallowed, a hoverboard battery overheats, or a sharp or shattering part sends a child to the ER. According to the U.S. Consumer Product Safety Commission (CPSC), an estimated 154,700 children 12 and younger were treated in emergency rooms for toy-related injuries in 2023, and 10 children died.
If a holiday toy or battery-powered gift hurt your child in Georgia, get medical care first, then keep the product and everything that came with it. Georgia product liability law can hold a manufacturer responsible for a defective product, but these claims depend heavily on physical evidence and have deadlines that can cut off a claim for good.
Key Takeaways
- Button and coin batteries are a medical emergency if swallowed. Call 911 or Poison Control (1-800-222-1222) right away.
- Keep the toy or device, batteries, charger, packaging, instructions and receipt. Do not repair or throw anything away.
- Georgia holds manufacturers strictly liable for defective products (O.C.G.A. § 51-1-11), while sellers who are not manufacturers are generally not strictly liable (O.C.G.A. § 51-1-11.1).
- Georgia has a 10-year product liability statute of repose that runs from the product’s first sale, with limited exceptions.
- A child’s own injury claim can have a different deadline than a parent’s claim for medical bills, so get advice early.
Why Holiday Product Injuries Rise in December
The holiday season brings new products into homes all at once. Many are imported, some are poorly made or mislabeled, and many run on button or coin batteries: remotes, light-up toys, greeting cards and tracking tags. At the same time, lithium-ion batteries in e-scooters, hoverboards, e-bikes and portable chargers can overheat or catch fire if they are defective or damaged. The CPSC continues to issue warnings and recalls for these products.
Special Hazards to Watch
Button and Coin Batteries
A swallowed button battery can cause serious internal burns within hours. Under Reese’s Law, CPSC rules now require consumer products containing button or coin batteries to meet a safety standard (UL 4200A-2023) with secured battery compartments and warnings, and battery packaging must carry ingestion warnings. Older products and noncompliant imports can still end up in homes.
Keep loose batteries and battery-powered items out of children’s reach. If you think a child swallowed a battery, call 911 or Poison Control immediately and follow their instructions.
Lithium-Ion Battery Fires
Hoverboards, e-bikes and some portable chargers have been the subject of fire warnings and recalls. Use the original charger, don’t charge devices on beds or sofas or overnight, stop using any battery that is swollen, hot or damaged, and keep charging devices away from exits.
What to Do Right After an Injury
Health first, proof second:
- Get medical care now. For suspected battery ingestion, go to the ER immediately. For burns or cuts, document care from day one.
- Preserve the product and packaging. Keep the toy or device, batteries, charger, instructions and receipt in a safe place.
- Photograph everything: the product, the damage pattern, warning labels and the scene.
- Save videos and messages. Holiday-morning phone videos and texts about the product can matter.
- Report the incident. Consider filing a report at SaferProducts.gov, and keep a record of any contact with the retailer or manufacturer.
- Hold off on social media posts until you have spoken with a lawyer.
- Follow all treatment plans and keep a simple log of symptoms, sleep problems and missed school or work.
Who May Be Legally Responsible
Holiday product injuries usually involve product liability claims based on a design defect, a manufacturing defect or a failure to warn.
- Manufacturers can be strictly liable in Georgia for a product that was not merchantable and reasonably suited to its intended use when sold (O.C.G.A. § 51-1-11).
- Sellers and distributors that are not manufacturers are generally not strictly liable (O.C.G.A. § 51-1-11.1), but they can still be liable for their own negligence.
- Property owners and landlords may share responsibility if a battery fire spread because of missing smoke alarms, blocked exits or code problems. See our page on premises liability.
Identifying every responsible party early helps prevent one small insurance policy from limiting what is available.
Important Georgia Deadlines
Most Georgia personal injury claims must be filed within two years (O.C.G.A. § 9-3-33). For a child’s own claim, Georgia law generally gives the same amount of time after the child turns 18 (O.C.G.A. § 9-3-90), but a parent’s claim for the child’s medical expenses may run on a different clock.
Georgia also has a product liability statute of repose. Under O.C.G.A. § 51-1-11(b)(2), a strict liability claim generally cannot be brought more than 10 years after the product was first sold for use. The statute has limited exceptions, including a manufacturer’s continuing duty to warn once a danger becomes known and conduct showing willful, reckless or wanton disregard for life or property.
Evidence also fades fast, so act quickly. Our guide to Georgia personal injury deadlines explains the rules in more detail.
What Compensation Can Include
A product injury claim may include medical care such as ER visits, imaging, surgery and burn or scar treatment; future care such as therapy or revision procedures; a parent’s lost wages while caring for the child; pain and suffering; scarring and disfigurement; and property damage. For lithium-ion fires, smoke inhalation and property loss are often part of the claim.
Frequently Asked Questions
Who Is Liable If a Toy from an Online Marketplace Hurts My Child?
It depends on who made, imported and sold the product. Georgia holds manufacturers strictly liable for defective products, while sellers that are not manufacturers generally are not strictly liable but can be liable for their own negligence. Save the order confirmation, listing and seller information right away.
What Should I Do If My Child Swallowed a Button Battery?
Treat it as an emergency. Call 911 or Poison Control at 1-800-222-1222 immediately and follow their instructions. Keep the device and the remaining batteries so doctors and investigators can identify the battery type.
How Long Do I Have to File a Product Injury Claim for My Child in Georgia?
A child’s own claim generally has two years after the child turns 18, but a parent’s claim for medical bills may have a shorter clock. Georgia’s 10-year statute of repose can also bar claims against manufacturers for older products. Talk with a lawyer early so no deadline is missed.
Does a Recall Help My Case?
A recall can be useful evidence that a product had a known hazard, but it is not required to bring a claim, and a product can be defective even if it was never recalled. Check the CPSC recall list at CPSC.gov and keep any recall notice you received.
If a holiday toy or battery-powered gift turned a celebration into an ER visit, you don’t have to deal with multiple companies alone. The Gunn Law Group offers a free, no-obligation consultation, and you pay no attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866).
