Maemall Magnetic Chess Choking Injury Lawsuit Lawyer

How This Defective Product Can Cause Harm and What Legal Steps Victims Can Take

The U.S. Consumer Product Safety Commission (CPSC) has issued an urgent warning regarding Magnetic Chess Games sold by Maemall. These toys pose a significant ingestion hazard due to loose, high-powered magnets that can cause severe injuries or even death if swallowed by children. Despite the CPSC’s Notice of Violation, Maemall has not recalled the product or offered remedies to consumers. The games, sold online at Walmart for about $14, are packaged in a blue box labeled “Magnetic” and include around 20 loose black magnets, a yellow string, a plastic drawstring storage bag, and instructions.

The Perils of Magnetic Chess Games

Magnetic toys can be deceptively dangerous. When high-powered magnets are ingested, they can attract each other or other metal objects within the digestive system. This attraction can lead to serious medical conditions such as intestinal perforations, blockages, infections, blood poisoning, and even death. Between 2017 and 2021, an estimated 2,400 cases of magnet ingestion were treated in U.S. hospital emergency departments each year. The CPSC has documented eight deaths related to hazardous magnet ingestion since 2005.

How Injuries Occur

The loose magnets in these chess games can easily be swallowed by children, leading to a range of severe health issues. The magnets’ strong magnetic force can cause them to stick together through the walls of the intestines, creating pressure that can lead to perforations and tearing. These injuries can result in infections, sepsis, and potentially fatal complications. The danger is compounded by the difficulty in diagnosing the problem quickly, often requiring emergency surgery to remove the magnets and repair the damage.

Filing a Lawsuit for Damages

Victims of injuries caused by these defective magnetic chess games may be entitled to file a lawsuit seeking compensation. Filing a product liability lawsuit involves several critical steps and requires meticulous planning and evidence collection. Victims or their families must first establish that the product was defective and that this defect directly caused the injury.

Necessary Evidence and Planning

To build a strong case, gathering detailed evidence is essential. This includes medical records documenting the injuries, proof of purchase of the defective product, and any communication with the seller or manufacturer. Photographs of the product, packaging, and the magnets can also be valuable. Additionally, testimonies from medical professionals who treated the injuries and expert witnesses on product safety can support the claim.

Key Elements in Winning a Product Liability Lawsuit

Winning a product liability lawsuit hinges on proving several key elements:

1. Defect in the Product: Demonstrating that the magnetic chess game was defective and did not meet safety standards.
2. Injury: Providing evidence of the injury or harm suffered as a result of the defect.
3. Causation: Establishing a direct link between the defect and the injury.
4. Failure to Warn: Showing that the manufacturer did not adequately warn consumers about the potential risks associated with the product.

The Lawsuit Process and the Role of an Attorney

The lawsuit process begins with filing a complaint, followed by the discovery phase where both parties exchange information and gather evidence. Settlement negotiations may occur, but if a settlement is not reached, the case proceeds to trial. Throughout this process, having an experienced attorney is crucial. An attorney can handle the complex legal procedures, negotiate with the opposing party, and represent the victim in court. Legal representation ensures that the victim’s rights are protected and increases the chances of a successful outcome.

Potential Damages Recoverable

Victims of defective product injuries can recover various types of damages:

• Medical Expenses: Compensation for past and future medical bills related to the injury.
• Lost Wages: Reimbursement for income lost due to the injury.
• Pain and Suffering: Damages for physical pain and emotional distress.
• Punitive Damages: In cases of gross negligence, additional damages may be awarded to punish the defendant and deter similar conduct in the future.