Accidental ingestion by a child is not an uncommon occurrence. But when products are designed in such a way that the risk is increased and it could cause serious harm, the manufacturer may be liable for any resulting injuries. One example of this is the recent recall of Super Star Science and Monster Science Colossal Water Balls imported by Be Amazing! Toys.
The dangerous toys were sold nationwide at:
- education centers;
- specialty retailers;
- BeAmazingToys.com;
- WorldMarket.com; and
- Amazon.com between September 2010 and November 2012.
These are marble-sized toys that expand as much as 400 times from their original size when placed in water. They can easily be mistaken for candy so if a child ingests one, the toy will expand inside his/her body.
The expanding ball can obstruct the child’s intestines, causing;
- vomiting;
- dehydration; and
- severe pain.
Unfortunately, X-rays can’t pick up images of these toys in the body. So there is the potential for ingestion to turn life-threatening if someone isn’t aware that the child swallowed the product.
In order to remove the toy, surgery is required. So far no injuries have been reported. However, the U.S. Consumer Product and Safety Commission (CPSC) has received one report of an eight-month-old girl ingesting a similar type of product in which surgery was necessary.
Liability When a Dangerous Product Has Injured a Child
Sometimes failure to provide adequate warning can result in the manufacturer being held liable. It’s important to speak with an attorney to discuss whether you have the right to pursue legal action against a manufacturer or other party.
Liability for dangerous products may include not only the manufacturer but also the:
- importer;
- distributor; and
- retailer.
This depends on the circumstances of the case. To learn more about filing a claim when a dangerous product has injured a child, contact an attorney at Gacovino, Lake & Associates.
