Question

1. MagnetoBalls are composed of 216 strong magnet beads that can be arranged into different shapes. Due to the mutual attraction between the mini magnet poles, Bucky balls small magnets cube can be combined in to any geometry freely. These are sold and marketed by MagnetoBalls, Inc. In their marketing Magneto Balls states that they are a “stress relief desktop toy” and “cool magnetic building intellectual toy”. All of the advertising and marketing materials produced by the company contain the prominent warning: “Caution: Keep Away from all Children” but does not explain that the magnet balls can cause severe injury or death to children if swallowed, despite notification from the Consumer Product Safety Commission that an explanation of the danger is needed. The television commercial for the product shows several scenes of people enjoying Magnetoballs, including an executive making different shapes while at a meeting and a group of 13 year old student in class using Magnetoballs for a physics experiment. Ginny Genius, age 13, sees the commercial and purchases Magnetballs to do her own experiment. One of the balls comes loose from the shape she has formed and she accidentally swallows it. That night she complains to her parents of severe stomach pain and she is rushed to the hospital. The hospital removes the magnet but informs her parents that she has lasting damage to her stomach lining as a result of the magnet. Ginny sues MagnetoBalls for the medical costs as well as pain and suffering currently and in the future from this incident. Please evaluate this claim against MagnetoBalls.

Answer 1

A Thumbs Up! Would be really helpful for me. If you have any questions, please leave a comment and I will get back to you as soon as possible.

Neodymium magnets, mostly small balls, are produced as educational toys, stress relief products, and an artistic medium. In the United States, as a result of about 2,900 emergency visits between 2009 and 2013 due to a "ball-shaped" or "high-energy" magnet, or both, the Consumer Product Safety Commission (CPSC) is testing actively stop them properly. Magnetix is ​​a construction magnetic toy that consists of a combination of plastic building blocks containing embedded neodymium magnets, and balls holding steel that can be interconnected to form geometric shapes and structures. Magnetix, created to be a cheaper version of the Geomag magnetic construction kit, suffered greatly when an early manufacturing failure caused death and was then sold to various brands after the defect was corrected.

After the balls complained, the group of consumer observers called on sellers to stop selling rare earth magnets due to the dangers that individuals swallow balls. The conclusion not only shows his continued misunderstanding of the role of abuse quite predictable in detecting a product defect but also his fundamental misunderstanding of how the Commission views the population at risk of harm.

in determining whether a product defect exists.

1. To stop the distribution of the product.

2. Notify all persons transporting, storing, distributing or handling otherwise

the product, or when the product is transported, sold, distributed or otherwise treated, to stop the distribution of the product immediately.

3. To notify the appropriate state and local public health officials.

4. Notify the public of failure or non-compliance, including the publication of a clear and visible notice on its website, and notify a third-party website of such a manufacturer, the merchant,

the distributor or licensor offered the product for sale.

The conclusion of ALJ regarding the lack of a design defect is based on an incomplete analysis of defects that, among other things, did not take into account the characteristics of the product that cause damage risk and that are reasonably predictable.

consumer use or misuse of topic products.