Aldi Recalls Dangerous Toys; Blames Manufacturer

The popular supermarket chain said it would no longer sell certain dangerous products that had been linked to possible choking deaths.

In a statement, Aldi immediately blamed the manufacturer for issues with its popular Flashing Bath Toys. According to the retailer, a part could break off when the toy is exposed to water. So, Aldi urged everyone who purchased the dangerous product to immediately return it for a full refund. Additionally, the retailer promised it would “address the specific manufacturing processes and checks, and introduc[e] additional checks for this product type that will prevent this from happening in the future.”

Most Kentucky-area Aldi stores sell Flashing Bath Toys, product no. 74205 , under the Easy Home brand name.

Dangerous Products and Implied Warranties

Consumers have the right to expect that the products they buy, whether they are bath toys or bath tubs, will be safe and effective. That guarantee comes from the Uniform Commercial Code, which applies to all sales of goods in Kentucky. These warranties include:

• Fair, Average Quality: All goods must meet or exceed industry quality standards in terms of their performance, shape, utility, and other core functions.
• Fitness: In a nutshell, the goods must be ready to use safely and last a reasonably long time given normal wear and tear. Furthermore, if the seller made any specific promises as to performance (e.g. “this ATV can go off-road”), the product must live up to the expectations the salesperson created, at least in most cases.
• No Deviations: If the goods are sold in a batch or set, as most products are, one item cannot be substantially different from the other one in terms of quality. Alas, many manufacturers relax their quality control standards over time, which helps explain why there are so many dangerous products.
• Adequate Packaging: The boxes or packages must protect the products without being unduly bulky, thus creating excess waste and increasing shipping costs.

The manufacturer is liable for any injuries caused by dangerous products if the defects occurred before the retailer took control of the products, and that point typically occurs after shipment.

If you or a loved one was injured by a dangerous product, you may be entitled to significant compensation for both economic losses, including medical bills, as well as noneconomic losses, such as pain and suffering. Moreover, juries frequently award substantial punitive damages in these cases, and there is no cap on such damages in Kentucky.

Dangerous products cause serious injuries. For a free consultation with an experienced personal injury lawyer in Franklin, contact Attorney Gary S. Logsdon. A lawyer can arrange for victims to receive ongoing medical treatment, even if they have no insurance.