An 8-year-old girl was playing a game of outdoor “Lawn” darts with her playmates. The object of the game was to throw the heavy, pointed darts in the air and try to get them to land in the center of a plastic ring placed on the ground.
The plaintiff was standing behind one of the rings and was struck by one of the darts whose point penetrated her head. As a result of this injury the girl has epilepsy. Expert testimony has established the dangerous design of the product because of its impact velocity and in-flight instability. Defendant under government pressure later placed a warning on the package indicating that it could cause fatal injury and was unsuitable for children to play with.