A child’s toy called Magnetix has caused a number of accidental deaths, resulting in a recall by the Consumer Products Safety Commission and at least one law suit.
Product liability lawyer Sim Osborn, an attorney for three families who are filing civil suits against the makers of Magnetix, makes the expected public pronouncement: “We want to make these companies think twice the next time they are tempted to put profits before the lives of innocent children.”
Magnetix is a construction activity based on a combination of steel balls and magnetic rods, similar to Connex.
The magnetix website’s customer message board contains this exchange from March of 2005:
Karizma: “I am just wondering what materials are in the balls? Should I be worried about anything? It went down her throat, so the choking hazzard is not there…but I need to know if there are anything to the balls that could be hazzard as to her system? ”
Dr. MagnX: “The Balls are Non Toxic. They are made out of Solid Steal and are coated with Zinc.”
Karizma: “Thank you so much! I sure hope she passes it on her own! “
It appears that adequate warning was ignored.
13 Comments
From what I understand, the problem is not swallowing one magnet, but swallowing *two* magnets. They continue to be magnetic as they “pass through”, of course, and can pinch off the intestines.
If the manufacturer claimed that zinc plating is nontoxic, they probably earned a lawsuit. Zinc plating is easily corroded by ordinary stomach acids and can cause significant stomach damage.
In a way, it’s refreshing to see a product liability suit that actually has merit. Unfortunately, the lawyer rhetoric is indistinguishable from that used in numerous product liability suits that did not have any merit.
Incidentally, I was curious what Magnetix was, so I went to Google. Of course, right there, Google Sponsored Links included:
“Magnetix Lawsuit Swallowed magnets can kill or injure. Find out more. http://www.osbornmachler.com”
“D’Arcy Law Firm Injured by Magnetix?
We Can Help. http://www.darcylaw.com”
and
“Magnetix Toy Lawsuit Child injured by swallowing Magnetix magnet? Get legal help. http://www.PHLawfirm.com”
Well naturally David! The more plaintiff lawyers, the better the “message” to send!
Seeing how Magnetix are marketed for older children, and are packaged with all sorts of labels about having small parts – exactly what is it you think they should have done?
So, now 8 year olds should be forbidden to play with magnets because they might be so stupid as to swallow them?
Well no, but one might suppose that, with knowledge that customers’ children were ingesting bits and pieces of metal, the company would think it wise to put a label on the package warning of the risk — not that I personally believe it should be necessary to avoid liability (any more than warning ladder buyers of the risk of falling), but such is the (deplorable) world of PL law.
“the company would think it wise to put a label on the package warning of the risk”
And this would actually protect them in court? No.
“They are made out of Solid Steal and are coated with Zinc”
“If the manufacturer claimed that zinc plating is nontoxic, they probably earned a lawsuit. Zinc plating is easily corroded by ordinary stomach acids and can cause significant stomach damage.”
Just guessing, but it’s probably not pure zinc – it’s probably an alloy with significant zinc content. How that would behave in th stomach could vary WIDELY depending on the exact alloy.
My 13 year old has lots of Magnitix. I wouldn’t dream of letting any child young enough to eat the pieces play with them.
As far as I can tell, the balls are chrome plated. Not zinc plated.
What has happened to parental responsibility in this country?
Tim Foreman,
You must be new here at Overlawyered. Ah, innocence is so swet to behold. If you’d like to keep it, don’t read any more at this site, as the actual lawsuits documented here will turn you into a vile cynic.
Like me.
You what needs to be the next largest ever known class action suit in the world?
The one that people finally file for protection from the legal industry!
MY GAWD there is no limit to the potential harm an attorney can do to you or yours!
I’ve got one to share:
The only time I was called for jury duty and actually had to show up for the pretrial stuff and jury selection.
Well the intorductions go on, the basis of the suit is little johnney got hurt an an ATV.
Seems that johnneys dad and Aunt were sitting with the defense, and his mommy and uncle were sitting with the plantif, or were the plantif.
“Oh gee do we have a marital problem here?!!!
Aside, this twit of counsel for the plantif goes over a few minor details about the basis o fthe case, and I knew in an instant where this thing was headed and quite frankly had little interest in sitting around for 17$ a day to hear the tear flooded testomony.
The judge starts in with my questioning as I suggested that I probably should not be a member of this jury. Why? Well I know one of the defendants, not only have known them all my life, but also had a business relation ship with them. Though they did not own me any money at the time, a ? the judge asked, My reply was that I would be uncomfortable of playing a part in that the opportunity for them to own me money in the future might be jebordized!
I added, and your honor, I can tell you right now the verdict in this case! He said without hearing any of the evidence? I suggested that he probably did not desire an answer as it would might infect the rest of those here with my intuitions about this strong odor within the room. He threw me out and I got the 17$ anyway!! đŸ™‚
I got excused.
The case took two weeks! One of my friends was selected as an alternate so he had to sit through the whole bloodless afair!
End of line, case judged by the jury to be without merit!
I guess the twit mentioned eariler, diddn’t like such and screamed at the jury and called them names and such. That little fuk is very lucky I was not on that jury as he would have gotten his ass beat both physically and then again by the judge!
PL suits for the most part are based out of the industries greed! My biz 101 instructor, a practicing attorney taught us a very long time ago. Go after those with the $’s to pay, the rest just don’t matter! You can paper your wall with the judgement!
I know such was long I’m sorry. I still find it very funny though..
90% of all PL’s ever brought should not have been. 100% could be settled with reasonable negotiation. But of course such does not pay a grand plus an hour does it? Oh and it obviously does not stop human stupidity either!
My son ( age 5 ) ended up with one of the magnetix magnets logged in his ear. The toy was a B-gift to my other son for his 9th.
The balls are not the issue here. The fact that with only normal usage and within just a few days after purchase several magnets fell out of the cassing.
Additionally … this so called voluntary recall by the CPSC is nothing short of a hoax on any American who has purchased the product. You need to READ the recall. (CPSC site – Dated March 31, 2006 / Rec. # 06-127.
Pay particular attention to Par. entitled “SOLD @ ” Read the last sentance of the paragraph.
To me it is a well thought out placement of the sentance in order to hide it.
To me it seems the CPSC was caught draging their heels ( as so many Fed. agencies have lately ) and needed to make the public believe that they were on top of the situation. What a smoke screen … makes me wonder whos in bed with who. Their so called voluntary recall does nothing to protect the american public. That one sentance says it all… Retail outlets such as Target and Toys R Us ( to name a few ) are being allowed to continue selling the toy to the public. I only would like to ask the director of the CPSC to read his own statments justifying the need and reason for the CPSC. Basically to protect the public. Not to blow smoke / deceive the public.
This so called vol. recall does little to nothing to protect the public …
Who is he trying to ….. well. this recall isn’t worht the paper it is written on.. and will / has cost the american consumer / taxpayer not only money — but to a few something you cannot put a price on … a childs life .. yes I ask you what if the child was yours .. moreover when will the CPSC just climb out of bed, and fufill the obligations that go with there job.
Lets all start counting hom many more children will die as of today … before CPSC steps up
Well, M. Coughlin, I HAVE read that recall, and I see NOTHING wrong with it.
In fact, I notice, in the picture at the bottom of the page, that the box has a quite visible little block of text:
WARNING:
CHOKING HAZARD – Toy
Contains Small Balls and Small Parts.
Not for children under 3 years of age.
What more do you want?
One more thing:
“Lets all start counting hom many more children will die as of today…”
So far, in three years, exactly ONE child has died. Also four more have had to have some kind of surgery. Oh yeah, major epidemic, here.
So, which is it: are you a party to the suit or part of the plaintiff’s legal firm?
Re:post by M Coughlin. If said toy was in such poor condition within “a few days” why was said toy still in the possession of any of your children ? Your primary responsibilty , as the adult, is to oversee and protect your children. Where were you ?? Why, if your 5 year old is prone to insert/ingest objects, did you not remove said toy from the childs reach ? While not excuseing any manufacturers responsiblity, that you or your children choose to use a product inappropriately is not the fault of said manufacturer, but a failure of your parenting skills and abilities.