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Product Liability – Defective Toy Design

Amount Of Award/Settlement

$792,000
Nature Of Case

Product Liability.

Injuries Alleged

Projectile Toy strikes plaintiff in the eye resulting in retinal detachment and loss of eye.

Court

N/A.

Attorney for Plaintiffs

PARKER | SCHEER LLP, Boston, Massachusetts

CASE SUMMARY:

Our product liability lawyers handled a case where the plaintiffs, a then 12-year-old boy, along with a friend, were playing with a toy projectile manufactured by the defendant toy company. While using the toy, the projectile fired, causing the projectile to strike the minor plaintiff in his left eye, resulting in retinal detachment.

The parents of the minor plaintiff, who were at home at the time of the incident, heard their son scream and ran to his aid. When they found him, he was holding his left eye and stated that he could not see. The plaintiff’s parents called his ophthalmologist who performed an emergent evaluation. On examination, the doctor noted severe eye damage and referred the minor to a retina specialist.

The plaintiff was evaluated by a local retina specialist who performed a surgical reattachment of his retina. Unfortunately, the plaintiff developed scar tissue at the reattachment site and the procedure failed. The plaintiff was referred to a Boston retina specialist who performed two additional surgical procedures in an attempt to salvage the vision in the plaintiff’s left eye. Tragically, both these procedures also failed and the minor plaintiff was left with 20/1500 vision (legal blindness) in his left eye.

Further complicating matters was the fact that the minor plaintiff was born with a condition that resulted in decreased vision in both eyes. The traumatic loss of vision in the minor’s left eye (regarded as the better of his two eyes) left him with one functional eye, with diminished vision.

The plaintiff’s complaint, which included counts for both breach of warranty and negligence, alleged that the defendant manufacturer was negligent in its design of the subject toy because the toy was capable of causing serious injury, including blindness if used without all component parts properly assembled. The plaintiff argued that since the projectile could be fired without all parts properly assembled, it was highly foreseeable to the manufacturer that a child would utilize the fewest essential parts necessary to fire the projectile  even if that ran counter to the manufacture’s written warnings.

The defendant countered that the assembly instructions included with the toy were clear and unambiguous, and the plaintiff’s own expert testified that had all the parts been properly assembled, this incident would not have occurred.

The case settled approximately three weeks prior to trial.

Have You Been Injured By A Defective Product?

Find out if you have a case. If you have suffered an injury due to a defective or dangerous product, contact our product liability lawyers for a free confidential case review and receive a response within hours, or call (617) 886-0500. If you need a product liability lawyer outside of Massachusetts, contact us for a referral.

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M. S. 

I went to Parker and Scheer two years ago when I was hit riding my bicycle in NYC. This was a difficult and helpless time. Surgery was required and I didn’t have health insurance. I had never been through anything like this before and didn’t know where to turn...

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Eric Parker saw the potential in my case and explored it in detail with patience and professionalism. He and his team achieved the outcome I was hoping for, and I can recommend Parker Scheer with absolute confidence.

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I was referred to Parker|Scheer after my daughter was seriously injured in a car accident in November 2010. Deb and the firm of Parker|Scheer were nothing short of spectacular. If I ever need legal representation again, I would use them in a minute.

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Great Lawyer – Attorney Tofani was referred to me through friends and was highly recommended. I found myself in a tough situation with no prior criminal history and not sure what to expect. Attorney Tofani was kind, professional and experienced in the system.

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I have worked with Eric Parker and Barry Scheer for over a over 15 years. I have recommended them to friends and family without disappointment. When you know that you have someone you can call on a moments notice, for any legal matter, it is a comfort...

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My case was very unique. Through his hard work and excellent skills, Attorney Tofani achieved the bestpossible outcome. I highly recommend Attorney Tofani.

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