Massachusetts Laws on Dangerous Children’s Products and Toy Recalls

Parents in Massachusetts expect toys, teething rings, and baby bath seats to be safe. But when a child’s product is defectively designed, poorly manufactured, or sold without proper warnings, the consequences can be devastating. Every year, hundreds of children’s products are recalled because they cause injuries or have preventable hazards.

If your family is dealing with a product-related injury, it’s important for you to understand your legal options. Fortunately, Massachusetts law provides strong protections for consumers harmed by defective or unsafe products. A defective product lawyer can help you better understand these laws and hold manufacturers responsible.

Recent toy recalls that put children at risk

The U.S. Consumer Product Safety Commission (CPSC) has recalled many children’s products in recent months, including items sold on major online retailers like Amazon and Shein. These recalls involve serious hazards, including magnets that can be swallowed, small parts that pose choking risks, exposure to batteries, and suffocation dangers.

In 2025, CPSC recalled Gagaku-branded wooden ice cream shop toy playsets because their detachable high-power magnets posed a risk – they could be swallowed. According to the agency, swallowing magnets can cause them to stick together inside the digestive system, which may cause serious injuries or even death. Other magnet-related recalls included fidget spinner sets, magnetic stick figures, and building cubes.

These examples demonstrate a troubling reality: products marketed to children can be dangerous.

Federal regulations governing children’s products

The primary federal law protecting children from dangerous products is the Consumer Product Safety Improvement Act (CPSIA), signed into law in 2008. The CPSIA strengthened the CPSC’s authority and established mandatory safety standards for products intended for children 12 and under.

The CPSIA requires third-party testing before children’s products are sold, imposes strict limits on lead content and certain phthalates, and mandates tracking labels so manufacturers and regulators can trace recalled items. The CPSIA also established SaferProducts.gov, a publicly searchable database where consumers can report product-related injuries. Under federal law, selling a product subject to a recall can result in significant civil penalties.

Although these federal standards set important rules, they don’t remove all risks. Some recalled products stay on the market for months before problems are found. In these situations, state product liability laws are especially important for families who want to hold companies responsible.

How the Massachusetts product liability law protects families

Massachusetts product liability claims are typically brought under the implied warranty of merchantability Chapter 106 § 2-314, which functions similarly to strict liability and does not require proof of traditional negligence. Under this law, products sold by merchants must be fit for their ordinary intended use. If a product injures a consumer, the injured party doesn’t need to prove that the manufacturer was negligent, only that the product was defective and that the defect caused the injury.

Types of product defects recognized in Massachusetts

Massachusetts law recognizes three categories of product defects. All three types of defects are common in children’s products. A defective product lawyer can review your case and decide which type of claim fits your situation.

Manufacturing defect

An error in the production process causes a specific item to deviate from its intended design, making it more dangerous than expected. For example, a toy with a loose magnet that was supposed to be securely enclosed.

Design defect

The product’s design itself is unreasonably dangerous, even if it were manufactured exactly as planned, meaning the entire product line is affected. A teething toy designed with strings thin enough to reach a child’s throat may reflect this type of defect.

Failure-to-warn defect

The manufacturer doesn’t provide adequate warnings or instructions about foreseeable risks associated with the product’s use. A product sold without age-appropriate warnings could give rise to such a claim.

Who can be held liable?

Liability doesn’t stop with the manufacturer. Anyone involved in the product’s distribution, such as designers, assemblers, importers, wholesalers, and retailers, can also be held responsible. This is important today, since many recalled children’s products are made overseas and sold by third-party sellers on sites like Amazon.

Massachusetts law also allows family members and others who were harmed by the product to bring a claim, not just the original buyer.

Filing deadlines and the statute of limitations

In Massachusetts, you generally have three years from the date of injury to file a product liability claim for personal injury. For breach of express warranty claims, you generally have four years from the date of delivery of the product.

Massachusetts may apply a discovery rule in certain cases where the injury and its cause were not reasonably knowable at the time of harm. Because of these deadlines, it’s important to act quickly. Talking to a defective product lawyer right away can help protect your legal rights.

Additional protection under Chapter 93A

Massachusetts families can also use Chapter 93A, the state’s consumer protection law, to seek help. Chapter 93A bans unfair or deceptive business practices and lets consumers sue companies that break the law. Selling a product with a known defect, hiding safety information, or not honoring a warranty can all be violations.

If a court finds the violation was willful or knowing, the court may award double or treble damages, plus attorney’s fees.

Steps you should take if your child is injured by a defective product

If your child is injured by a toy or other product, get medical help right away. After your child is safe, these steps can help support a possible legal claim.

Preserve the defective product and related materials

Preserve the product and its packaging, including any instructions, receipts, or proof of purchase. This evidence can be critical in showing how the product was designed, sold, and used at the time of injury.

Document the product defect and the injury

Photograph the product and the scene of the injury. Also, identify the manufacturer, seller, and any lot or batch numbers on the item. Clear photos taken as soon as possible can help document the defect and establish how the injury occurred.

Check for recalls and report the incident

Check CPSC.gov to determine whether the product has already been recalled. Report the incident through SaferProducts.gov. Reporting the injury can help protect other children and may support your legal claim by creating an official record.

Consult with a defective product lawyer familiar with Massachusetts law to understand the strength of your claim and the types of compensation available. Compensation may include medical expenses, lost income, and pain and suffering.

Why legal representation matters

Product liability cases about children’s products can be complicated. It often takes careful investigation to find out who is responsible, especially when a product is made overseas, imported by one company, and sold by another.

Proving the defect and how it caused the injury usually requires expert analysis. Manufacturers and their insurers often have skilled legal teams to fight these claims. Having a lawyer who knows both federal safety rules and Massachusetts law can make a real difference in your case.

Protecting your family’s rights

Parents shouldn’t have to worry that a child’s product could cause serious harm. When a dangerous or defective product causes injury, Massachusetts law gives you ways to hold manufacturers, distributors, and sellers responsible. If your child was hurt by a defective toy or product, you may have legal options.

Contact Santoro & Gray to set up a consultation and find out how we can help your family seek fair compensation.