Updated on: 7/12/2018
All manufacturing companies inherit some level of liability risk when they produce products to be used by consumers, but this is particularly true when the products are intended for children and infants. In addition, the retailers who sell these products also have a responsibility to ensure that innocent consumers are not put at risk of injury or death by purchasing one of their products.
Such is the case in a developing child injury lawsuit involving a young boy in New York who suffered a catastrophic injury from a stroller purchased at a Toys R Us store.
Summary of Toys R Us Lawsuit
According to court documents, the family of a 16-month-old boy has filed a lawsuit against Toys R Us seeking $260 million in damages.
The 16-month-old boy was pushing his older sister around in a Graco brand stroller when he lost his balance. The stroller rolled away from the boy and tipped over onto the ground as he was falling down. The stroller reportedly had hook-shaped handles and as the boy fell to the ground, one of the handles impaled his right eye.
Sadly, the injuries were so severe that the eye could not be saved and the boy had to have his right eye removed. Since the accident, he has undergone several expensive surgical procedures and had to have the damaged eye replaced with a prosthetic one.
Defective Products Causing Injury
From first glance, this seems like a simple case of an unfortunate yet innocent accident. You might even be asking yourself, “How could Toys R Us possibly be named as a defendant in this lawsuit when they did nothing to cause the boy to fall on the stroller?”
Well, court documents apparently show that the stroller was a dangerous product because the center of gravity and weight distribution make it likely to tip over with only minimal force being applied to the handles. The manufacturer may have had knowledge of this and continued to sell the product anyway, which puts some of the responsibility on them.
The family has already agreed to a confidential settlement with Graco, the manufacturer of the stroller. So while that company is not necessarily named in the lawsuit, they have already accepted their liability and are working to negotiate compensation for the family.
Toys R Us is the target of this lawsuit on the basis that they had a responsibility to ensure their products were safe for use by consumers. Because big corporations like Toys R Us have teams of highly skilled defense attorneys, this will most likely be a long and difficult battle for the plaintiffs. The $260 million figure is a high number, and the family is likely seeking punitive damages as part of that figure.