Product Liability

2011

Confidential Settlement

Product Liability, Tossing Hobby Toy, Failure to Warn

Attorneys: Robert H. Pedroli, Jr and Daniel J. Gauthier

PARTIES: Adult bystander v. Manufacturer of throwing device (toy)

TYPE OF CLAIM: Failure to Warn claim against the manufacturer of a hobby product, which was intended to be tossed between users. There was no warning about the intended purpose of the product or the age appropriateness for use of the product. Plaintiff was a bystander who was struck on the eye by the device when it was thrown instead of tossed by a young child. Plaintiff lost the use of her eye.

Plaintiff claimed the device should have had permanently affixed warnings to the product regarding its dangerous propensities when the device was not used as intended.

DAMAGES ALLEGED: Plaintiff lost the use of her eye. Medical expenses were nominal.

SETTLEMENT: Parties and amount of settlement are strictly confidential.

Comments: Toy companies seem more concerned with the appearance of their product than the safe use of the product. Age appropriateness warnings were later added, but no warnings were placed onto the product.

SEE:

Mandatory Toy Safety Standard:

Code of Federal Regulations, Commercial Practices 16, Part 1000 to End (16CFR)

Title 15 -Commerce and Foreign Trade Chapter XI – Technology Administration, Department of Commerce Part 1150 – Marking of Toy, Look-alike and Imitation Firearms

U.S. Consumer Product Safety Commission Engineering Test Manual for Rattles

U.S. Consumer Product Safety Commission Engineering Test Manual for Pacifiers

U.S. Consumer Product Safety Commission Labeling Requirements for Art Materials Presenting Chronic Hazards (LHAMA)

U.S. Child Safety Protection Act, Small Parts Hazard Warning Rule and Rules for Reporting Choking Incidents

Age Determination Guidelines: Relating Children’s Ages to Toy Characteristics and Play Behavior (September 2002)

ASTM F963-07 Standard Consumer Safety Specification on Toy Safety (effective February 2009)

ASTM F963-08 Standard Consumer Safety Specification on Toy Safety

Voluntary Toy Safety Standard:

ASTM F963-07e1 Standard Consumer Safety Specification on Toy Safety

ASTM F734-84 (89/94) Standard Consumer Safety Specification for Toy Chests

ASTM F1148-97a Standard Consumer Safety Specification for Home Playground Equipment

ASTM F1313-90 Standard Specification for Volatile N-Nitrosamine Levels in Rubber Nipples on Pacifiers