A three-year-old boy and his sister were playing “Glinda the Good Witch” with the “Magic Wand” when the star on the top of the Wand became separated from the plastic stick, flew across the room and hit the boy in the eye.

 

The three-year-old boy sustained eye injury. The Wand was defective because the Wand’s star was not securely attached to the Wand’s stem. Additionally, the Wand’s star was made of rigid, pointed and weighted plastic, which served only to increase the Wand’s potential for eye injury. The Wand lacked any warnings of this hazard. The case settled for $300,000.[44]

About the Author: James Swartz
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Mr. Swartz, our Managing and Principal Attorney at Swartz & Swartz P.C., is a nationally recognized and respected trial attorney as well as consumer advocate. His practice focuses on cases involving negligence, torts, products liability, medical malpractice, wrongful death, and other claims involving catastrophic injuries.

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