CALL US TODAY FOR A FREE CONSULTATION: 800.545.3737 - 617.742.1900|ATTORNEY@SWARTZLAW.COM
///Products Liability – Children’s toys
Products Liability – Children’s toys2018-08-16T19:09:42+00:00

Products Liability – Children’s toys

Slingshot; Hunting-Type

A hunting-type slingshot was being sold by a local dimestore as a toy for children. It was purchased by one young teenager whose younger brother then used it. The younger brother accidentally fired it, causing the projectile to strike a playmate in the eye and blinding him. The slingshot had been advertised as a hunting

Push Toy

A 2-year-old boy sustained serious brain damage from anoxia caused when his air supply was cut off by the knob of a push toy handle which detached itself and lodged in his throat. The manufacturer was liable for negligent defective design and construction of the toy.

Slingshot; Wire

A ten-year-old boy purchased a small wire slingshot from a toy rack in a convenience food store located in a neighboring state. The slingshot had been made in Japan. Soon after the purchase, he fired a projectile from the slingshot which struck a six-year-old girl in the eye, rendering her sightless in that eye.

Model Car Fuel

A young boy received a model racing car in the mail as a premium from a soft-drink manufacturer. The starter mechanism of the car threw off sparks which ignited the vapors of the racing fuel, causing a flashback explosion of the fuel can. Neither the soft-drink firm nor the manufacturer of the racing car had

Darts

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

Lawn Dart

10-year-old girl and her sister were playing in their yard. The girl's sister was playing with lawn darts. Upon leaving the yard and going into her house, the girl was struck in the head with one of the lawn darts. The girl sustained a skull fracture, resulting in severe and permanent brain injury. The child

Airplane

An 11-year-old boy was playing with a toy airplane. The plane was attached to a string and was spun around one's head. When the boy attempted to stop the plane, the nose of the plane struck him in the eye and he was blinded. It is alleged that the hard plastic nose of the plane

Toy Figurine

A 1-1/2-year-old boy was given a toy which included several small figurines. The age recommendations on the box stated that the toy was suitable for very young children. The child ingested one of the small figurines, which were too narrow in diameter, and the oxygen supply to his brain was cut off, resulting in permanent

Child’s Indoor Swing

A 5-year-old child was sitting in a swing which was suspended on a portable metal exercise bar supplied by the manufacturer to be used in connection with the swing. The directions that came with the bar said that it would support a "200 pound man with ease." The bar fell on the child's head causing

Balloon

The plaintiff was given a balloon as a free premium by a local eatery. As he was blowing up the balloon it exploded in his eye causing him severe injuries. Upon inspection it was determined that the balloon was defective. Proper quality control and inspection procedures would have prevented such defective balloons from entering the

Toy Train

A ten-year-old boy was given a metal, battery-operated toy train by a neighbor who had purchased it at a variety store in a neighboring state. As the child was opening up the compartment housing the batteries he sustained a deep cut on his finger. Several days later he developed severe blood poisoning from the cut.

Punchball

A small child and a neighbor were playing in a nearby park with one of the toys purchased by the parents of the first child. The toy was a "punchball" that had just been inflated to a size well within the range recommended by the manufacturer. While the children were throwing the ball, it burst

Realistic Weaponry

Court held that realistic looking toy gun presented a substantial risk of harm and had no redeeming value or utility and as such, could be considered unreasonably dangerous. Mathieu v. Imperial Toy Corp. (1994, La App 4th Cir) 632 So 2d 375, cert gr (La) 638 So 2d 1075 and revd on other grounds (La) 646

Wagon

18-month-old boy was injured while playing with a wagon. Specifically, the boy's left index finger became wedged within the "pinch point" above the left rear wheel of the wagon. At the time of injury, the child was riding in the wagon in a reasonably foreseeable manner. The child's doctor noted a thickening of scar tissue

Doll

There were 35 incidents of a child's hair or finger getting caught in the Cabbage Patch Snacktime Kids' mouths. In response to the incidents, Mattel offered to label the dolls with a warning that "long hair and fingers can get caught in the doll's mouth ... and that the doll's chewing action can be stopped

Magic Wand

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

Toy Trumpet

One-year-old boy was playing with toy trumpet when he sustained deep lacerations to the interior of his mouth, which required surgery and was followed by bouts of post-anesthesia pneumonia and middle ear infections at regular intervals. In addition to the physical injuries the boy suffered, he was diagnosed with a speech delay for which he

Little Pro Hammer

Boy was using Little Pro Hammer to strike rocks when the hammer chipped, causing a metal fragment from the hammer to became lodged in the boy's right eye. The boy sustained a traumatic injury to his eye. The hammer was defective as it had a steal hardness level akin to hammers intended for use by

Model Car Fuel

A young boy received a model racing car in the mail as a premium from a soft-drink manufacturer. The starter mechanism of the car threw off sparks which ignited the vapors of the racing fuel, causing a flashback explosion of the fuel can. Neither the soft-drink firm nor the manufacturer of the racing car had

Slingshot; Wire

A ten-year-old boy purchased a small wire slingshot from a toy rack in a convenience food store located in a neighboring state. The slingshot had been made in Japan. Soon after the purchase, he fired a projectile from the slingshot which struck a six-year-old girl in the eye, rendering her sightless in that eye.

Slingshot; Hunting-Type

A hunting-type slingshot was being sold by a local dimestore as a toy for children. It was purchased by one young teenager whose younger brother then used it. The younger brother accidentally fired it, causing the projectile to strike a playmate in the eye and blinding him. The slingshot had been advertised as a hunting

Kite

A 7-year-old boy sitting on a curb looked up and was struck in the eye by a kite flown by another child. He lost the sight in one eye. Experts' reports established that the kite had design defects and inadequate warnings. Plaintiff's proof established the delta-winged kite had a tendency to dive rather than float

Frisbee

A flying toy, ordered through the mail, struck an eight-year-old boy in the eye causing severe pain and injuries. Upon inspection, it was discovered that the edging of the toy was made of small lead weights.

Target Tennis

While a seven-year-old boy was playing target tennis in his home, he was hit by the tennis ball in his left eye, and the blow resulted in serious eye injury.

Top

A mother noticed a toy top in the window of a toy store next to her local grocery store. It seemed like a good surprise to bring to her little boy; the mother purchased the top and carried it home in the bottom of a bag of groceries. The top exploded the first time it

SEND US A MESSAGE

To get help or to setup a free consultation, please call us directly at (617) 742-1900, or fill out the form below.

     

MEET OUR ATTORNEYS

At Swartz & Swartz, P.C., we are very proud of our high-caliber legal talent, and we assure you that your case will get personal attention.