Question

The Cardigans through CARDWARE have introduced a new “Let’s Keep Warm” matching clothing line for toddlers and children up to age six and their dolls. The clothing line is unique as the sweaters have charms on them that are suitable for a variety of occasions. For example, there are Valentine’s Day sweaters with various hearts attached to the pockets. Included in this newest production are matching clothes for dolls that have the exact small charms and buttons that the toddler/children line has on them. Kendra, a 4-year old was given a sweater for her and her doll for her birthday. One of the charms, a birthday cake, fell off of one of the pockets of Kendra’s doll’s sweater, as the stitching did not secure the charm in place. Kendra picked it up and put it in her mouth to show her doll that the cake was delicious. Unfortunately, she began to swallow the charm. Luckily, her mother was walking by Kendra’s room where she was playing and saw the toddler choking. She was able to retrieve the small item from her airway. Kendra, however, is now devastated and not only has a cut in her esophagus from the charm but is distraught and is having nightmares over her or her doll wearing their matching sweaters.

Please look at the following website of the Consumer Product Safety Commission.

Consumer Product Safety Commission. Retrieved fromhttp://www.usa.gov/directory/federal/consumer-product-safety-commission.shtml

Next, determine the following:

Would you report the incident to the Consumer Product Safety Commission? Explain.

Discuss whether you would sue the manufacturer/CARDWARE based on negligence or strict liability.

Identify potential manufacturer defenses. Explain.

Something to Think About: Should there have been a warning placed on the sweater or packaging?

Discuss whether or not strict liability and/or negligence would apply to the scenario.

Examine the doctrine you would utilize in a lawsuit against CARDWARE.

Discuss the various defenses available under the chosen tort.

If you state the law in your response, be sure to cite your source of information.

Answer 1

Yes, I will report the incident to the Consumer Product Safety Commission as the manufacturer is liable to any injury or damage caused by its product in case of children if the product is not designed properly. And because of the fact that children are more prone to injuries as they can gallop anything that comes their way. (fire, electrical, chemical, or mechanical hazard or can injure children [Con14])

The manufacturer should be sued because of negligence as it did not have cited any precaution regarding any defect or injury that might occur while using its product.

Though the manufacturer cannot completely defend in the above cause but it can mention that the parents have also been in negligence as while buying sweater having charms fixed to it and it is presumed that the children can also be pull and gallop the small object attached to the clothes by the children causing injury to them.

In the above case as the case involves child getting injured by a product there should have been a warning placed on the sweater or packaging.