Parents of injured teen sue three different parties for injuries caused by a defective sword
The parents of an injured teen have filed lawsuits against three parties after the young man suffered a serious brain injury in an accident with a samurai sword. The teen was using the sword to play “baseball” with plastic water bottles with some friends when the sword’s blade came apart from the handle. The blade struck him in the head, putting him in a coma for over a month. Even after undergoing numerous medical procedures, the young man has not fully recovered and is expected to require lifelong medical care.
Why Sue the Sword Manufacturer
The teen’s parents have filed a product liability claim against the sword manufacturer on the grounds that the sword was defective. The lawsuit notes that the blade appeared to have been glued to the handle, rather than attached with a more secure method such as rivets or bolts. This glue was apparently not strong enough to keep the sword in one piece during use.
Although playing water bottle baseball with a sword is not the intended use of the sword, swinging the sword certainly is. The manufacturer should have made sure the sword was reasonably safe when used for the intended purpose (swinging), or else included a warning stating the sword was only to be used for decorative purposes. Because they did not, the teen’s parents argue, they should be held liable.
Why Sue Amazon
In a second lawsuit filed a few months later, the parents have also targeted Amazon for product liability. This is reasonable because wholesalers and retailers, as well as manufacturers, can be held liable for injuries caused by defective products. In this case, the parents claim that since Amazon processed the entire sale and boxed up the sword for shipping, but did not include any safety warnings inside the shipping box, they have a share of liability for the teen’s injuries.
Why Sue the Teen’s Friend
A negligence lawsuit has been filed against one of the teen’s friends who was present at the time of the accident. This friend was encouraging the teen and another friend to swing at the water bottles so she could film it and put it on social media. If a person encourages someone to act in a way that results in injuries, they may be liable if it can be proven that their encouragement was malicious, reckless, or ill-advised.
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