In a previous post we wrote about the attempt of the Consumer Product Safety Commission to ban the sale of the popular magnetic toy spheres known as Buckyballs. The toys were found responsible for multiple internal injuries after children ingested them. In addition, they also posed a choking hazard. In effort to prevent the sale of the product in Pennsylvania and beyond, the CPSC sued their manufacturer.
Now there is at least one other legal action that is being taken as a result of alleged issues with the toy. A mother has filed a products liability lawsuit against the manufacturer. Several other entities are also named as defendants in the lawsuit along with another mother and the principal of the school the woman's child attended.
The woman claims that a classmate provided her daughter with a Buckyball which she then ingested. Though specifics regarding injuries suffered, the damages sought in the case indicate that medical attention was necessary. She is seeking damages for the following:
- Mental pain and suffering
- Physical pain and suffering
- Medical expenses
- Inconvenience
- Loss of enjoyment of life
- Loss of earning capacity
Attorney's fees are also being sought.
Among other things the product manufacturer is accused of manufacturing a defective product and creating a product that is inherently dangerous. The school along with its principal allegedly did not take the necessary actions to avoid the ingestion, provided negligent supervision and breached the fiduciary duty owed.
The outcome of this case could have bearing on whether additional lawsuits such as this one will be filed by others injured by the defective product.
Source: The Louisiana Record, "Buckeyballs manufacturer and local school district sued by mother of student who swallowed magnetic toy," Kyle Barnett, Jan. 9, 2013