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December 3, 2010

Have we delegated our parental responsibilies to others?

Every year, World Against Toys Causing Harm, Inc. (W.A.T.C.H.) comes out with its list of the "10 Worst Toys" for that year. Below is the 2010 list:

The list usually involves seemingly benign toys that the group has determined - or through incidents has confirmed - that there is a propensity for the toys to injure children. Let me first state that I think any group whose mission is to minimize or eliminate injuries to children using harmful toys is worthwhile and bringing the group's concerns to consumers is important given the seemingly benign nature of these toys.

The question then becomes what next? Do we boycott these toys, do we demand a product recall of the toys from store shelves, or do we as parents make an independent decision regarding whether to purchase these toys for our children or not? I believe too often, parents rely on others - be it the school, toy manufacturers, or the government - to weigh in on issues involving our children. When did that happen and because of that, do we as parents feel somewhat protected by our decisions because we are following the advice of others? I hope not. What is appropriate for one 8-year-old girl may not be appropriate for another 8-year-old girl. Who is in the best position to make those determinations? The school? Toy manufacturers? Government? Or are the parents in the best position to make those decisions and then be responsible for the consequences of their decisions. Are we better or worse off having agencies caring about the safety of our children? I believe the answer is "better off," so long as parents do not use these agencies as a substitute for prudent decision making for their children.

If an injury occurs to a child using a toy, and those parents decide to take action against the toy manufacturer, that toy manufacturer will seriously consider whether it makes sense to bring the parents into the case as defendants. Toy manufacturers will argue, among other defenses, that the parents were not supervising their child, they purchased a toy that was inappropriate for their child, or they did not follow the directions included with the toy. Massachusetts law regarding product liability can make these arguments fail, but you can imagine the toll it can take on parents to have blame placed on them as the cause of their child's injury.

While being an informed parent as to the dangers your children may be exposed to is important, it is equally important not to take a backseat to these agencies' decisions or recommendations regarding your own children.

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