In a case truly bizarre in its outcome, a young mother is severely injured by a child’s toy. She is no longer able to live life as she once knew it.

When we heard about this case, we found it to be very disturbing for a number of reasons. The first one was that it involved a dangerous/defective child’s toy that totally destroyed the life of a young mother.

The second reason is that the law relating to defective product design and failure to adequately warn users of potential problems weren’t addressed properly or sufficiently when the toy, a Juggling Disc, was marketed. Products liability law involves addressing issues of fault, quality control, marketing, design and other matters.

Consumers buy and use products expecting they will perform their intended function, and be safe to use. In light of government and industry standards, this is a reasonable expectation. However, despite efforts to keep products safe, people are still injured by dangerous products.

What happened here is that the young mother had this “toy” thrown to her and in the process sustained a life altering eye injury. This item was marketed as a child’s toy, but was actually a set of professional juggling discs. Those discs, due to the way they are made – very rigid, with no flexibility – are not really intended for first time users and they are definitely not suitable for children. Nonetheless, for some reason the maker of the Juggling Discs was marketing them in the toy section of stores without any warning or age recommendations.

The disc thrown at this young woman hit her in the right eye causing trauma so severe the eye will likely die, and need to be removed. If that happens, she will need an eye transplant. Currently her cornea and iris are so traumatized she needs transplants. The pupil and sclera are also damaged and she also suffered an enormous loss of vitreous fluid from the eye.

Her medical restrictions are so rigorous she is unable to care for her 3-year-old son and must live life lying down at a 45-degree angle awake and asleep. She may not drive, go to college or work. She is not able to lift anything over ten pounds, must not bend over for anything, sneeze too much, and needs to regularly take laxatives to alleviate eye pressure. She may not get her eye wet and her family needs to give her all medications.

Her injuries are so devastating, she needs constant care at all times; something that is quite costly since she is facing future eye surgery, various medications and therapy and counseling. Her whole future has gone up in smoke because of a child’s toy that is so dangerous it results in catastrophic eye damage.

When bad things happen to good people, it’s time to talk to a highly skilled personal injury attorney, who will take a case such as this to court to get justice for the innocent victim. Makers of “toys” like this need to be held accountable for their defective product design, quality control and insufficient marketing.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more, visit Christophermellino.com.

Defective seatbelts can cause life-altering personal injuries and death. When the belt fails, the passenger may be ejected from the vehicle.

This is a case that we recently heard about and it involves product liability wrongful death. It was an unnecessary death, another in an increasingly long line of deaths chalked up to automakers more intent on financial gain than passenger safety.

This particular lawsuit was filed against Subaru of America, Fuji Heavy Industries of Japan and a firm called Autoliv North America. In this case, a 2001 Subaru Forester restraint system failed to adequately protect a young woman by the name of Michell Dodds (names have been changed to protect the victims). The vehicle was made and sold by Subaru America and Fuji Heavy Industries; the seat belt (restraint system) manufactured by Autoliv North America.

The horrendous rollover crash took place in 2006 just after Dodds had lost control of her vehicle. It flipped several times, finally landing on the roof of the vehicle. As the accident was happening, the seat belt webbing tore completely, leaving her unrestrained. She was ejected from the vehicle and killed. Dodd’s daughter, Tori, sustained severe and permanent injuries as a result of the crash.

What was defective aside from the seatbelt? In instances like this, the crash worthiness of the vehicle is called into question, much like the current fiasco facing Toyota and all its recall. The lawsuit alleged the Forester had a defective seat belt and window system, insufficient lateral and roll stability and not enough strength and structural integrity to handle the kind of roof crushing forces sustained in a rollover.

Tellingly, the suit also identified the fact that the defendants in the case had known about the glass problem since 1970. Unsupported, tempered glass in rear and side windows had contributed to hundreds of ejections during rollover and side impact accidents, with disastrous results. The company did nothing to warn the general public about this, despite technical evidence published that strongly recommended using a metal framework and laminated glass/ejection resistant glazing. No modifications were made to their vehicles due to concerns about cost.

Six other reports dealing with this same subject matter were also written by the National Highway Traffic Safety Administration, who suggested a modified window frame and laminated windshield type glass or other types of glazing to keep passengers in their vehicles during an accident. Evidently, the reports were ignored and test data was misrepresented to show Subaru’s windows were safe in accidents; a fact that was blatantly untrue, as the defective systems meant vehicle occupants were at high risk for serious brain and spinal cord injuries.

The lawsuit will seek damages for the daughter for wrongful death; pain and suffering; personal injuries; permanency of the devastating physical injuries the daughter suffered; medical costs and loss of past and future earnings. As you can see, this is a major case and will have a major outcome.

Unfortunately, accidents like this may happen at any time, to anyone, anywhere. If you or someone you love has been involved in an accident such as this one, contact a competent and dedicated products liability wrongful death attorney with extensive experience in digging beneath the surface of cases such as this. It’s a call well worth your time and trust.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more, visit Christophermellino.com.