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Products Liability Keyed Owen, 8th Ed.
Metzgar v. Playskool Inc.
Citation:
30 F.3d 459 (1994)Facts
On February 12, 1990, fifteen-month-old Matthew Metzgar was playing in his playpen while his father briefly left the room. Upon returning, the father found Matthew lifeless with a Playskool building block lodged in his throat. Despite efforts to revive him, Matthew died. The block that caused Matthew’s death was a cylindrical column, 7/8″ wide by 1-3/4″ long, the smallest piece in a 49-piece set of wooden blocks. The packaging was clearly marked “Ages 1-1/2-5” but contained no choking hazard warning. The block technically complied with Consumer Product Safety Commission standards and American Society for Testing Materials requirements, though it only minimally exceeded the test cylinder dimensions. Matthew’s parents filed suit against Playskool and K Mart, alleging negligent design, strict liability for defective design, and failure to warn under both negligence and strict liability theories.
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