Two-year-old Chastity Heimbach was sitting in a battery-operated swing her mother had recently purchased from a Dollar General Store. While Chastity was on the swing, battery acid leaked out of the battery compartment on top of the swing and down onto the swing’s leg, where Chastity touched it. She then put her hand into her mouth.
Chastity suffered chemical burns and ulcers to the inside of her mouth and required Tylenol for two weeks for the discomfort until the burns healed.
Chastity’s mother, on her behalf, sued Dollar General Corp., alleging that the swing was defective as the battery compartment had leaked. The manufacturer of the swing, a Chinese company, was not sued.
Dollar General stipulated to liability, and the case proceeded on damages.
The defendant argued that Chastity’s injuries might have been caused by coxsackievirus, otherwise known as “hand, foot and mouth disease,” which can cause blisters and ulcers in the mouth. The defense also argued that Chastity had made a full recovery.
The jury awarded $7,500.
If you or a loved one suffered injuries from a defective product, you may be entitled to compensation for your damages. Feel free to contact one of our Gacovino Lake attorneys at 1-800-246-HURT (4878) for more information.
