In an urgent advisory issued on December 7, 2023, the U.S. Consumer Product Safety Commission (CPSC) has alerted the public to the immediate cessation of usage and disposal of SplishSplashFun’s SplishSplash Balls Reusable Water Balloons. This warning comes in light of a significant hazard posed by the magnets contained in these products, which, if ingested, can lead to severe injury or even fatal consequences, particularly in children.
Established by Congress in 1973, the CPSC serves as an independent federal entity tasked with safeguarding American consumers from the risks of severe injury or death stemming from a wide array of consumer products. The agency’s jurisdiction extends to more than 15,000 types of consumer goods. To facilitate the reporting of hazardous products or related injuries, the CPSC maintains a hotline at 1-800-638-2772 and an online platform at https://www.saferproducts.gov. Further details on recalls can be accessed at https://www.cpsc.gov.
During its examination, the CPSC discovered that the SplishSplash Balls do not adhere to the mandatory federal toy safety regulations. The concern arises from the presence of one or more high-powered magnets in these products, which are small enough to fit within the CPSC’s designated small parts cylinder and exhibit a magnetic strength exceeding the permissible limits. The danger of such magnets, when ingested, is profound; they can attract each other or another metallic object within the digestive system, potentially causing intestinal perforations, blockages, infections, sepsis, and in extreme cases, death.
From 2017 to 2021, there were approximately 2,400 hospital emergency department visits resulting from magnet ingestions. Tragically, the CPSC is aware of seven fatalities linked to the ingestion of hazardous magnets, including two incidents outside the United States.
Despite the CPSC’s issuance of a Notice of Violation to SplishSplashFun.com, the seller of these water balloons, the firm has not consented to recall the product or offer any remedy to consumers. The SplishSplash Balls Reusable Water Balloons, designed to be filled with water and featuring magnets in their rims to seal the water inside, were sold online in packs of six in various colors. These were available for purchase on SplishSplashFun.com in April 2023, priced between $25 and $36.
Given the serious risk these products pose, the CPSC strongly advises consumers to discontinue their use immediately and ensure their safe disposal. Furthermore, any incidents involving injury or product defects should be reported to the CPSC at www.SaferProducts.gov.
The hazardous nature of these water balloons raises the possibility of legal action for those harmed by the product. Victims or their families may pursue a product liability lawsuit, seeking compensation for injuries caused by the defective SplishSplash Balls. In such lawsuits, plaintiffs must demonstrate that the product was inherently dangerous and that this flaw led directly to their injuries.
The process of a product liability lawsuit can be intricate, often requiring in-depth legal knowledge, evidence gathering, and expert testimony. It is vital for victims to engage an experienced attorney who can navigate the complexities of the legal system, negotiate with large corporations, and advocate for their rights and interests.
Potential damages in a product liability case can include medical expenses, lost wages, pain and suffering, and more. In light of the challenges and stakes involved, the guidance of a skilled attorney is indispensable.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
For those affected by injuries related to SplishSplash Balls Reusable Water Balloons, seeking legal counsel is a crucial step. The national product injury law firm Parker Waichman LLP specializes in such cases and offers free consultations. Victims and their families can contact Parker Waichman LLP at 1-800-YOUR-LAWYER (1-800-968-7529) for expert legal advice and to explore the possibilities of pursuing justice and obtaining compensation for their losses.
Regardless of your location or where your injury occurred, our nationwide personal injury law firm is ready to assist you.