On May 7, 2020, Sobeauty issued a recall for their Mag Cube magnetic ball sets. According to the recall, number 20-741, the recalled magnet sets contain high-powered magnets that violate the federal standards for children’s toys. According to the recall, when two (or more) of the high-powered magnets are swallowed, they can link together inside a child’s intestines; this can cause the magnets to clamp onto body tissue and potentially leading to intestinal obstructions, perforations, sepsis, and even death. If the victim survives, he or she is likely to suffer severe lifelong heath issues.
The recall has affected approximately 600 magnetic ball sets. It includes the “Mag Cube” magnetic ball sets that were labeled as “3D Magnetic Puzzle,” “Magcube Buckyballs,” and “Joynote;” the product has “Mag cube” on the back of each box. The magnetic ball sets include 216 spherical high-power magnets. The gold-colored spherical magnets are approximately 3 millimeters in diameter. The red, yellow, orange, blue, green, and purple-colored spherical magnets, on the other hand, are approximately 5 millimeters in diameter.
The product box comes with the following items: (1) a drum-shaped, dark-blue metal container; (2) a black velvet pouch; (3) a plastic separator; (4) an instructional paper. Both “Mag cube” and “Buckyballs” are printed on the metal container. The product is recommended to be used only by those over the age of fourteen. There is a statement on the metal container that reads: “Warning: Keep away from all children! Do not put in nose or mouth. This product contains small magnets. Swallowed magnets can stick together across intestines causing serious infections and death. Seek immediate medical attention if magnets are swallowed or inhaled.”
The defective products were available online via Walmart.com from March 2018 through December 2019; the products were sold for prices ranging from $13 to $20. According to the company, there have been no injuries associated with the recalled magnet sets; although the Consumer Product Safety Commission has received multiple incident reports related to the ingestion of other small, high-powered magnets (many of which required surgical treatment). Therefore, the recall appears to be cautionary.
The company is urging all affected consumers to immediately stop using the recalled product and take them away from children. Affected consumers are also being urged to contact the company for further instruction on returning the defective product in exchange for a full refund (including all taxes and shipping costs).
Should you follow the recommendations suggested by the company? If the recall has been nothing but an inconvenience (i.e. no harm came from the product), it makes sense for consumes to follow the recommendations made by the company. However, what if your child suffered harm as a direct result of the defective product? If your child was directly harmed due to the defective product, you should not follow any recommendations made by the company. Instead, you should explore the possibility of pursuing a claim to hold the liable company accountable for the harm that your child suffered.
Would you like to learn more about your right to sue Sobeauty for the harm that your child suffered due to the defective magnet set? If so, do not hesitate to contact the experts at our law firm as soon as possible. At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims, including product liability claims. Our product liability lawyers are ready to evaluate your claim and provide you with the guidance that you need to reach a successful claim outcome – and hold the negligent company accountable for the harm that your child suffered. If you would like to learn more about your right to file a product liability claim for the harm that your child suffered due to the defective product, do not hesitate to contact the experts at our law firm at your earliest convenience.
The Dangers Associated with the Defective Magnetic Ball Sets
As explained above, if the recalled product is ingested, victims could suffer severe consequences. The danger exists when more than one magnet is swallowed. Any time that two or more of the magnets are swallowed, the child is at risk of grave injuries. The magnets can link inside the intestines, clamping onto body tissue and possibly causing intestinal obstructions, perforations, sepsis, and death. Because of the complex problems that could result from the defective product, treatment is also likely to be complex. Although it is possible for a child to survive, it is also possible for the child to suffer lifelong health issues.
Regardless of whether your child suffered injuries or lost his or her life associated with the defective product, it is essential that you explore the legal options available to you. For more information, do not hesitate to seek legal assistance with the experts at our firm immediately.
Product Liability – You Might Have Grounds to Sue
Did your child suffered harm associated with the recently recalled magnetic ball sets? Whether your child suffered injuries or lost his or her life, you might have grounds to take legal action. Your right to take legal action will be based on the concept of product liability. What is product liability? Based on the concept of product liability, all companies owe their consumers a duty of care. Companies have a duty to ensure that their products are completely safe for consumers to use; they must test and inspect their products to be able to identify/address any hazards present in their products. When companies fail to exercise their duty of care, they are breaching their duty of care – in addition, they are negligently putting their consumers at risk of injury. When a breached duty of care directly leads to the harm that a consumer suffers, the company could be liable for all the harm suffered.
What does this mean? Based on the concept of product liability, companies could be liable for all the harm suffered. Because companies could be held liable, affected consumers could pursue claims against the liable companies. Specifically, you might have grounds to file a product liability claim. If you would like to learn more about your right to file a product liability claim, do not hesitate to seek legal assistance with the experts at our firm immediately.
What Should You Do?
If your child was harmed by the defective magnetic ball sets or any other defective product, there are a number of things that you should do to preserve your right to pursue a claim against the company that negligently caused the harm suffered. What should you do to prepare to file your product liability claim against Sobeauty or any other company? Consider the following recommendations:
- Take photos of any visible injuries suffered
- Take photos of the defective product
- Seek medical attention as soon as possible
- Keep the defective product in a safe place (do not tamper with it in any way)
- Contact the company to report the incident as well as the harm suffered
- Do not agree to a free replacement
- Do not agree to a free repair
- Do not agree to return the defective product
- Gather all relevant medical records
- Gather all records associated with the purchase of the product
- Gather any surveillance footage associated with the incident
- Speak to any witnesses present at the time of the incident
- Seek legal assistance as soon as possible
When you decide to follow the steps listed above, you are essentially gathering all the tools necessary to hold the company accountable for the harm that your child suffered. For more information about following the steps listed above, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience. Our product liability lawyers are ready to guide you throughout the entire legal process.
Recovering Compensation after a Successful Claim Outcome
If your product liability claim is successful, you might have grounds to recover monetary compensation for the harm caused by the defective product. At our firm, we understand that recovering compensation cannot reverse the harm suffered; however, we know that it can help you and your entire family start moving past such a traumatic experience, and we are dedicated to helping you recover the compensation that you deserve.
Based on the details surrounding your product liability claim against Sobeaty, you might have grounds to recover compensation for some of the following:
- Medical expenses
- Lost income
- Pain and suffering
- Funeral and burial costs
- Loss of consortium
- Punitive damages
When you allow the experts at our firm to handle your claim, you can trust that they will aggressively fight for your right to recover the compensation that you deserve. Our lawyers are not afraid to hold negligent companies accountable for the harm that your child suffered due to the defective product. Whether our experts have to take your claim to trial or negotiate a settlement out or court, you can trust that there will always be someone fighting for your best interests. For more information about the type and amount of compensation that you might be eligible to receive (upon reaching a successful claim outcome), do not hesitate to contact the experts at our law firm immediately.
The Statute of Limitations
As mentioned above, you might have grounds to sue based on the concept of product liability. Did you know that you could lose your right to sue even if your claim is valid? You could lose your right to sue if you fail to file your claim within the appropriate length of time. This is because all claims are subject to deadlines – established by a statute of limitations. A statute of limitations determines the specific length of time that claimants have to pursue their claims. If claimants fail to file within the time allowed by the statute of limitations, claimants will lose their right to sue.
What deadline applies to your product liability claim against Sobeauty? In California, product liability claims are normally subject to a two-year statute of limitation, meaning that claimants only have two years to pursue their claims. Although this is a strict deadline, it is important to note that exceptions to the statute of limitations could apply. For instance, in claims that involve harm to children, the statute of limitations could be tolled until the victim reaches an adult age (either eighteen-years-old or legally emancipated).
To ensure that you have a thorough understanding of the time that you have to pursue your claim, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible. Our lawyers will guide you throughout the legal process and ensure that your claim is filed on time.
Contact Normandie Law Firm Today
If your child suffered harm associated with the defective magnetic ball set or any other defective product, you might have grounds to file a product liability claim. If you would like to learn more about your right to sue (as well as your right to recover monetary compensation), do not hesitate to seek legal assistance with the experts at our law firm as soon as possible. Normandie Law Firm is a personal injury law firm dedicated to providing all affected individuals with the legal representation necessary to reach a successful claim outcome. Our experts have successfully handled product liability claims and are ready to provide you with the guidance that you need to hold the negligent company accountable for the harm your child suffered. If you are ready to discuss your claim with the experts at our firm, do not hesitate to contact us at your earliest convenience.
At Normandie Law Firm, we understand that it can sometimes be difficult for affected individuals to get the legal services that they need to pursue legally. Because of that, we are dedicated to making our legal services accessible. Specifically, our firm offers free legal services. Our free legal services include free consultations and free second opinions. During both our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns; in addition, our knowledgeable product liability lawyers will provide you with all the information necessary for you to either start or continue your defective product claim against Sobeauty. If you would like to benefit from the free legal services mentioned above, do not hesitate to contact our firm today.
We offer a Zero-Fee guarantee, which means that our clients will never be required to pay any upfront legal expenses for any of our legal services. Our firm is also strictly based on a contingency structure, meaning that our clients will not be required to pay anything until after reaching a successful claim outcome. You will not have to pay anything until you win. If you are ready to discuss your claim with the experts at our firm, contact us immediately.
