While children are young and still learning about the world around them, their adult parents and guardians must look after their well-being and teach them safe habits. It is common for a parent to teach their child important safety lesson such as to stay away from the stove to avoid being burned from the hot surface, to not run by a pool for risk of falling and being hurt, or not to put certain toys and other objects near their mouth or eyes for risk of choking or poking their eyes. However, sometimes these warnings may fall on deaf ears and children are young and cannot appreciate the severity of dangers around them, or like other humans, learn from experiences.
This is common knowledge to most everyone that children learn by physically, visually, and tactilely experiencing their environment. With this knowledge, manufacturers of toys, clothes, and other products are aware of children’s common behaviors, such as putting objects in their mouths. By having this knowledge, companies have a legal duty to not manufacture products for children that could cause them harm through their everyday behaviors and habits. When companies fail to take measures to protect children, and children are injured as a result of this neglect to properly manufacture a product accordingly, the company can be held liable in a product liability lawsuit.
According to recent news by the Columbus CEO, Maxfield & Oberton Holdings, the maker of Buckyballs, has been ordered by the Consumer Product Safety Commission to recall their product. This is following a two-year effort to get Buckyballs off of the market. For those unfamiliar with Buckyballs, they are sets of tiny yet powerful magnetic sticking balls. The commission argues that the high-powered magnets pose an ingestion hazard to children. Because the balls are significantly stronger than most magnets, they could pose a greater danger if they are swallowed.