Products Liability Law Reporter

Doe, 4, was playing with a KAOS water balloon catapult, a sling toy that consisted of a canvas pouch attached to two circular pieces of rubber affixed to bilateral handles. As Doe held one of handles while her playmate activated a water balloon, one of the rubber pieces snapped, hitting her in the right eye. Doe suffered a traumatic eye injury that led to the development of a cataract and necessitated surgery. She now has problems with peripheral vision and must wear corrective glasses.

Doe sued Imperial Toy L.L.C., which designed and manufactured the toy, and seller Target Corp., alleging strict liability, failure to warn, and breach of express and implied warranties of merchantability. The plaintiff claimed that the toy was defectively manufactured and that the rubber piece made the toy unsafe for its intended use. Suit did not claim past medical expenses.

The parties settled for $130,000.

Citation: Doe v. Imperial Toy L.L.C., No. 7:18CV11738 (S.D.N.Y. Sept. 14, 2020).

Plaintiff counsel: Frances D. Marinelli, White Plains, N.Y.