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. In 2023, an estimated 154,700 children 12 and under were treated in U.S. emergency rooms for toy-related injuries, and 10 children died—numbers the Consumer Product Safety Commission highlights every holiday season.
Why risk spikes now
Gift season introduces new products into the home (some poorly made or mislabeled), plus button/coin batteries in remotes, light-up toys, and trackers. At the same time, lithium-ion batteries in e-scooters, hoverboards, e-bikes, and portable power banks can overheat or catch fire if damaged or poorly designed. Safety agencies continue to warn about these hazards and have pursued recalls and special alerts.
Special hazards to watch
- Button/coin batteries: A swallowed cell can burn a child’s esophagus in hours. Congress passed Reese’s Law, and CPSC now requires products that use button batteries to meet UL 4200A-2023 safety standards and carry strict warnings, but older items and non-compliant imports are still out there. Keep loose batteries and battery-powered trinkets away from kids. If ingestion is suspected, call 911 and poison control immediately; in the first 12 hours, honey may be advised en route for certain cases (per clinical guidance).
- Lithium-ion fires: Micromobility batteries (hoverboards, e-bikes) and some portable chargers have drawn fire warnings and recalls. Never charge overnight or on beds/sofas; use the original charger; stop using swollen, hot, or damaged packs; and store devices away from exits.
What to do right after an injury (health first, proof second)
- Get medical care now. For suspected button battery ingestion, go to the ER immediately and follow poison control instructions. For burn or laceration injuries, document care from day one.
- Preserve the product and packaging. Keep the toy/device, batteries, charger, instructions, and receipts. Do not attempt repairs or throw anything away.
- Photograph everything. Take clear photos of the product, damage pattern, warnings/labels, and the scene.
- Identify witnesses and video. Save holiday-morning phone videos, store camera footage (if the item was demonstrated in a shop), and any messages about the product.
- Report the incident. Consider filing a CPSC report; document any retailer/manufacturer contacts.
- Avoid posting details on social media until you’ve spoken with a lawyer.
- Follow all treatment plans and keep a simple symptom log (pain, sleep disruption, missed school/work).
Who may be legally responsible
Holiday product injuries often involve product liability (defective design, manufacturing defect, or failure to warn) against the manufacturer and sometimes the seller or importer. If a fire spreads in an apartment or rental, property owners/HOAs can share responsibility for unsafe detectors, egress, or code issues. Identifying every liable party early prevents a low policy limit from capping recovery.
Important Georgia deadlines
Georgia has a two-year statute of limitations for most injury claims, and a separate 10-year product liability statute of repose running from the product’s first sale for use—a hard cutoff with limited exceptions. Translation: act fast so evidence and rights don’t disappear.
What compensation can include
Medical care (ER, imaging, surgery, burn or scar treatment), future care (therapy, revisions), lost wages for caregivers, pain and suffering, scarring/disfigurement, property damage, and, in egregious cases, punitive damages. For lithium-ion incidents, we also document smoke inhalation and property loss.
Practical prevention (and why it helps your claim if the worst happens)
- Audit gifts before use. Check age ratings, small-parts warnings, and battery compartments that require a tool to open (as UL 4200A contemplates). Keep purchase receipts.
- Battery safety. Store button batteries out of sight/reach; tape and bag used cells before proper disposal; supervise any device that goes near the mouth of toddlers. For lithium-ion devices, charge on a non-combustible surface, away from exits, and never with a third-party charger.
- Register products and check recalls. Quick registration helps you receive recall notices; check CPSC recall pages if a device gets abnormally hot or swells.
How Gunn Law Group builds these cases
We secure the product, packaging, charger, and batteries; coordinate expert testing; and obtain fire reports, 911 audio, purchase records, and relevant standards (UL, CPSC rules). We map all applicable insurance—manufacturer, distributor, retailer, property policies—and document the full medical picture, including scarring and future care, to push for full value.
If a holiday toy or battery-powered gift turned celebration into an ER visit, don’t navigate multiple companies alone. Need a home run? Call the Big Gunn at 888-BIG-GUNN or visit thegunnlawgroup.com for a free case review with an Atlanta product-injury team that knows how to win.
