Battat Inc. Settles Product Liability Lawsuit

Battat Inc. has agreed to pay a civil penalty of $400,000 to settle allegations that the toy company knowingly failed to report a defect and hazard associated with one of its products to the U.S. Consumer Product Safety Commission (CPSC).

The Magnabild Magnetic Building Sets was a magnetic building set labeled for ages three and up, according to the CPSC. Small magnets inside the building pieces can fall out and may be swallowed or aspirated by young children. If more than one magnet is swallowed, the magnets can attract to each other, connect, and cause intestinal perforations or blockages, which can be fatal.

The CPSC alleges that Battat received its first reports of magnets coming loose from the Magnabild in October 2005. When the CPSC contacted the company about the issue in October 2007, Battat had received 16 reports of magnets coming out of the Magnabild and two reports of children ingesting the non-magnetized steel balls.

The regulators claim that Battat knew about the risks posed to children by small magnets in part because the CPSC had recalled the Rose Art Magnetix Building Set in March 2006 after one child died and 34 others were injured by similar magnets.

The CPSC says that despite being aware in 2006 of the possibility that small magnets could cause intestinal injury, Battat did not report until October 2007 after three requests from staff. In the report, however, Battat failed to inform CPSC of the defect and resulting potential hazard in two additional models of the product.

Battat and CPSC announced a voluntary recall of 125,000 Magnabilds on January 23, 2008. The recall was expanded to include more Magnabilds on March 13, 2008.

If your child has been harmed by an unsafe product, contact Sokolove Law for a free legal consultation and to find out if a product liability lawyer may be able to help you.

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