Magnet toys, or magnetic toys, are toy sets that feature powerful loose magnets that can be arranged for construction, art, and design purposes. Most of the time, these sets include small magnets of various sizes and shapes, some of which can be very powerful. A particular type of injury risk has subjected some of these magnetic toys and magnetic construction sets to product recalls and other measures: children swallowing magnet pieces.
Once swallowed, the magnet pieces can attract to one other inside of the child’s intestines, and can cause blockages and perforations. It can be fatal if not treated immediately and many more surgeries required due to the ingestion of magnet toy pieces, even death.
Who Can be Held Liable for a Magnetic Toy Injury?
Injuries resulting from magnetic toys may require legal action to resolve various issues. Such lawsuits are typically based on a type of product liability, in which the manufacturer of the product is held liable for injuries to a consumer or consumers. Liability may be based on various forms of product defects, including:
- Manufacturing defects: There was a defect with the way the product was manufactured, such as a weak structural piece that makes a magnet break off more easily than normal.
- Design defects: There was something wrong with the way the product was designed or conceived, which heightened the risk of injury or ingestion.
- Warning defects: The product did not contain adequate warnings or instructions, or the warnings were not visible or legible enough.
Various other parties may be held liable, depending on the facts of the situation. For instance, a care taker or other similar person may be held liable if they knew or should have known of these dangers associated with the product, yet still allowed a child to play with the magnetic toy.
Are There any Legal Remedies for Magnet Toy Injuries?
Magnetic toy injuries can be serious, and in some cases, life-threatening. These cases may often result in legal action to address the different legal issues involved. In most cases, the plaintiff may be issued a monetary damages award, which will compensate them for losses caused by the injury. These can include losses such as medical costs, hospital bills, medication costs, rehabilitation expenses, and various other costs.
As mentioned, various brands of magnetic toys have already been subject to recall measures. In some instances, class action lawsuits may be filed if many different persons have been injured by the same type of toy product.
Should I Hire a Lawyer for Help with a Magnet Toy Injury Claim?
Magnet toy injuries can be very complex, so it may be in your best interests to hire a personal injury lawyer in your area if you or a loved one have been affected by a magnet toy product. Your lawyer can provide you with legal research and guidance for your claim.