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Dart Gun Recall by CPSC

By Eric M. Knobloch • May 17th, 2010 • Category: Civil Litigation, Newest Post, Personal Injury Law

Dart gun sets sold at Family Dollar from September 2005 to January 2009 cost two children their lives.  Now the dart gun sets might end up costing Family Dollar and the manufacturer substantial amounts of money in products liability actions.

The CPSC (Consumer Product Safety Commission) recently recalled the dart guns to prevent further sale of the item and further asphyxiation deaths.  Interestingly enough, it appears that Family Dollar was the company that worked with the CPSC to see the item to recall - not the manufacturer nor the distributor.  While noble, this does not absolve Family Dollar from a Wisconsin products liability action.  In Wisconsin, every person or entity in the chain of distribution is liable for the defective and unreasonable dangerous product.  This includes the manufacturer, the distributor and the end seller.  Allowing the injured party to recover from anyone in the chain of distribution has two positive effects on consumers: 1) it increases the likelihood that there will be a party to recover from in the event the product in manufactured overseas or by a defunct company; and 2) it makes end sellers more cognizant of the products they buy, thereby eliminating or reducing the ”junk products” that make their way to consumers.

Products liability actions are often very difficult to prove and also very expensive.  They often require hiring an expert to state that the product is defective and unreasonably dangerous.  They also require an expert doctor to opine on the injuries or death of the injured party. 

Although the injuries are different, this product recall is eerily similar to the MTD Recalls I have previously written about on this site and am currently handling for the Warshafsky Law Firm.  Both involve a defective product recalled by the CPSC that remains in the general public causing injury to users.  Those injured by defective products should contact an attorney experienced in handling products liability actions immediately to preserve their rights.

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Eric M. Knobloch is a Personal Injury Attorney with the Warshafsky Law Firm. Eric specializes in auto accidents, civil rights violations and premises liability. Eric can be reached by: Phone: 414-276-4970 E-mail: [email protected] Website: www.warshafsky.com Fax: 414-276-5533 Address: 839 N. Jefferson Street, Suite 300 Milwaukee, Wisconsin 53202
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