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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Consumer Protection Law
Satisfied Customers: 13053
Experience:  Experienced Licensed Attorney
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Hi, I spent a few hours yesterday evening in the Emergency

Resolved Question:

Hi,
I spent a few hours yesterday evening in the Emergency Room with my five-year-old son because a play eye ball toy he held up to his eye (to pretend it was his actual eye) had leaked some fluid into his eye. Turns out the fluid was kerosene. Of course it was a miserable night and hours listening to your son in pain was horrible. I shared about the experience with a few friends and many suggested I write a letter and send the toy manufacturer the bill from the ER. Is this a good idea? Is there any legal ground to stand on? I am truly appalled that there was kerosene in this toy and I guess I just don't know if there can be consequences for the toy manufacturer, like paying a healthcare bill.
Thank you,
Heidi
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am very sorry to hear about this horrible experience for you and your son.

Can you tell me if the toy "eye ball" was designed as a toy for children or what was this eye ball's function, since I find it very strange that it contained kerosine?

Did your son suffer any permanent injury to his eye?
Customer: replied 1 year ago.

Hi Alex,


This is the identical item:


http://www.cpsc.gov/en/Recalls/1998/CPSC-Atico-International-Announce-Recall-of-Eyeball-and-Smiley-Face-Floating-Balls/


We purchased it last Halloween and I know it was not individually packaged, there was just a box of these eyes, I had no idea they contained kerosene.


In the ER they shared they do not expect any long term damage to his eye, we did keep ointment in they eye all day today and it looks a lot better already.
Thank you,


Heidi

Expert:  Alex J. Esq. replied 1 year ago.
Dear Heidi,

Thank you for your follow up and I am glad to learn that your son will be okay.

Basically, I would suggest that you do consult with the local personal injury attorney and have this attorney review this matter for you and upon review this local attorney might be able to send a demand letter to the retailer and manafacturer of this dangerous product that had been recalled and demand compensation for your son's past, current and future medical bills, as well as for the pain and suffering that your child had to undergo due to this defective product.

Most personal injury attorneys do offer free initial consultation and you can find an experienced local personal injury attorney by using these well trusted and reliable attorney information / referral websites:

www.mardindale.com
www.lexmundi.com
www.lawyers.com
www.justia.com

I wish you and your family the best of luck!
Alex J. Esq., Attorney at Law
Satisfied Customers: 13053
Experience: Experienced Licensed Attorney
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