Three-year-old girl was severely and permanently injured when her right index finger was partially amputated and mangled by the dangerous and defective set-up and collapse features on the Exerciser. The Exerciser’s detent pin hole acted as a guillotine to unsuspecting consumers like this little girl. The little girl’s parents purchased the Exerciser through a mail order catalogue that contained no warnings concerning the hazards posed by the detent pin hole. The manufacturer of the Exerciser sent the little girl’s parents a video and other materials on the Exerciser, but still there were no safety warnings. In neither the instruction manual nor the owner’s manual were there any safety warnings concerning the dangerous nature of the detent pin hole. After the little girl’s accident, the manufacturer sent a letter to its customers stating that injuries had occurred to children during set up and collapse of the Exerciser and provided two warning labels with instructions for customers to place the labels on either side of the pin hole.[128]

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Swartz & Swartz
Swartz & Swartz, P.C., located in the heart of downtown Boston on the historic Freedom Trail, is one of this nation's most respected trial law firms. Our team of pre-eminent Boston lawyers and advocates represents victims in a broad range of civil litigation matters, serving as chief trial counsel in scores of million-dollar, record-setting landmark cases.