In early December 2023, The New York Times reported that the U.S. Consumer Product Safety Commission (CPSC) was aware of seven deaths, including two in the U.S., and close to 2,400 ER visits from 2017 to 2021 linked to ingesting small, high-powered magnets that are often included in children’s toys.
Keep your family safe by learning which products you should avoid and dive deep into this case with the product liability lawyers in NYC at Leav & Steinberg LLP.
Understanding the Deaths Linked to Small Magnets Found in Toys
One of the reasons these small circular magnets are so dangerous is that they can easily attach to magnets and other metal objects. But even if these tiny magnets are swallowed alone, they pose the following risks:
– Perforation to or blockage of the intestines
– Blood poisoning
In 2022, the U.S. Consumer Product Safety Commission released a new safety standard that requires all products to be either too big to ingest or weak enough not to pose an internal injury risk if swallowed.
The commission requires that these magnets, and all similar toys, fit within a small parts cylinder — a small measuring tool that is the size of a child under three’s fully expanded throat.
Commission spokeswoman Patty Davis said that at least seven companies were releasing products that did not meet these new standards, but none of these companies were linked to deaths or injuries. There is no further information about the companies that are linked to the deaths and injuries at this time.
Upon reports of the risks of these small metal ball magnets, XpressGoods recalled and offered refunds for their Neodymium Magic Magnetic Balls.
After the CPSC warned about the choking and injury hazards of these magnetic balls, Walmart also pulled them off their shelves.
According to the New York Post, the Relax 5mm Science Kit, Large Hematite Magnets Magnetic Stones Building Blocks that Walmart sold do not meet federal regulations.
These magnets were sold exclusively on Walmart’s online store through a company named JoyBuy.
The CPSC reported that these magnets were “stronger than permitted,” and one or more of the magnets sold in the set fit within the agency’s small parts cylinder.
The U.S. Consumer Product Safety Commission released a warning to consumers about using the following products:
– Allvre’s 216-piece 5mm Magnetic Ball Sets
– Sunny House’s 125-piece 5mm Mixed Color Magnetic Ball Sets
– Ming Tai Trade’s 216-piece 5mm Magnetic Ball Sets
– Magic Q.Q.’s 216-piece Mixed Color Magnetic Ball Sets
– MXN Commerce Inc.’s Carrara Magnet Ball Sets
– SplishSplashFun’s SplishSplash Balls Reusable Water Balloons
During a discussion with The New York Times, Ms. Davis said, “These companies refused to do recalls, so we’re going directly to consumers. You need to stop using them immediately. Throw them away.”
At Leav & Steinberg LLP, we believe manufacturers are responsible for ensuring their products are safe for public use. But unfortunately, these companies sometimes fall short.
If you or a loved one have been negatively affected by the negligence of a manufacturer, distributor, or seller, contact our product liability lawyers in NYC.
Product Liability Lawyer NYC FAQ
What is product liability law, and when is it applicable in New York City?
Product liability law in New York City is a crucial legal framework designed to protect consumers from harm caused by faulty or dangerous products. When you’ve been injured or suffered losses due to a defective product, NYC product liability attorneys can help you seek justice and compensation.
Product liability law applies in various situations, including but not limited to:
– Manufacturing Defects: If a product is flawed due to an error in its manufacturing process, resulting in a dangerous or substandard item, you may have a valid claim.
– Design Defects: When a product’s inherent design is unsafe and causes harm, it may lead to a product liability case.
– Failure to Warn: If a product lacks proper warnings or instructions for safe usage, and this omission leads to an injury, you may be eligible to file a claim.
– Breach of Warranty: If a product doesn’t meet the promises or guarantees made by the manufacturer or seller, and this leads to harm, you may have a case based on breach of warranty.
– Strict Liability: In New York City, product liability law often operates under strict liability, meaning you may not need to prove negligence on the part of the manufacturer or seller. Instead, you must demonstrate that the product was defective and that the defect caused your injury or losses.
How should a product liability claim be handled?
Handling a product liability claim in New York City requires careful steps:
– Consult an Attorney: Seek experienced product liability attorneys in New York who can evaluate your case and guide you through the legal process.
– Gather Evidence: Document the product’s defect, collect medical records, and preserve any evidence related to the incident.
– Identify Responsible Parties: Determine who is liable, including manufacturers, distributors, or sellers involved in the product’s journey to the consumer.
– File the Claim: Your attorney will file the product liability claim on your behalf, outlining the specifics of your case.
– Negotiate or Litigate: Engage in negotiations with the responsible parties or pursue litigation if necessary to seek compensation.
– Secure Compensation: Work towards securing compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the defective product.
– Monitor Your Case: Stay updated on the progress of your case, and follow your attorney’s advice regarding settlement offers or trial proceedings.
Navigating a product liability claim can be complex, but with the right legal support, you can protect your rights and seek the compensation you deserve in a product liability case in New York.
How do you prove a product liability claim?
Proving a product liability claim is a complex process that requires careful documentation, expert analysis, and legal expertise. To successfully prove your case, several crucial elements must be addressed.
First, it’s essential to demonstrate that the product in question was indeed defective. This can involve showing that the product had manufacturing errors, design flaws, or inadequate warnings or instructions. Documenting the defect through photographs, technical reports, or expert analysis is crucial.
Next, you must establish a direct link between the defect and the injuries or losses you suffered. This element, known as causation, is fundamental to your claim’s validity. Expert witnesses often play a vital role in providing professional opinions regarding the defect’s contribution to your harm and whether it violated industry standards.
Identifying the responsible party, whether it’s the manufacturer, distributor, or seller, is also critical. Understanding the product’s supply chain and pinpointing the entity accountable for the defective product is essential to your case.
Furthermore, thorough documentation is key. Collecting medical records, photographs, and relevant documents related to the product, the incident, and your injuries will strengthen your claim.
To navigate these complexities effectively, it’s highly advisable to seek the assistance of an experienced product liability attorney. They can help you gather and present the necessary evidence, build a compelling case, and increase your chances of a successful outcome in your product liability claim.
The Product Liability Lawyers in NYC at Leav & Steinberg LLP
Since 1999, the product liability lawyers at Leav & Steinberg LLP have been helping tri-state area residents battle product liability cases.
Our knowledgeable legal team takes pride in being responsive to all your queries — our New York City attorneys will even provide you with their personal phone numbers.
Our staff is also multilingual and can accommodate clients who speak:
Learn more about our results and how we fight for our clients.
Contact the New York City Lawyers at Leav & Steinberg LLP
Have you recently been affected by a faulty product or service?
Get the compensation you deserve with help from the experienced product liability attorneys at Leav & Steinberg LLP.
Our team assists clients throughout NYC, including:
– The Bronx
– Staten Island