Daniel, five years old, and his older brother were swinging a telescopic plastic T-ball bat inside their home when the toy came apart and a jagged piece of plastic gashed his face. Daniel required more than 300 stitches to repair the U-shaped gash between his eyebrow and down his nose.
Mitchell Ducalo filed a $4.5 million lawsuit against Franklin Sports Inc., the manufacturer of the bat, claiming its Adjust-A-Hit T-Ball Set caused severe facial injuries and permanent scarring to his son. The family’s attorney explained “It’s our position that the design of the bat renders it not suitable for its intended purpose…This type of toy should not be made telescopically.” The T-ball bat is recommended for children ages five and up and adjusts from 21 inches to 27 inches with a turn-and-lock motion.
When someone is injured or dies as a result of a product defect, financial recovery may be available. Such recovery is particularly important when permanent, life changing injuries are incurred. It is important to contact someone who understands the intricacies of the injured party’s right to recover.
Abraham Watkins offers a free consultation to anyone wishing to pursue a claim for injuries that occurred as a result of a product defect.