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What would you do if a toy designed for relaxation ended up being the primary source of stress for your family? These tiny marble-sized Walmart magnetic balls became the center of nationwide news after being recalled for posing ingestion hazards.
The Consumer Product Safety Commission (CPSC) issued the decision following over 2,000 reports of emergency room visits, with seven cases ending in fatalities. The small magnetic balls Walmart sells for $14 to $15 were in circulation from February 2022 to April 2023.
Upon further investigation, the CPSC discovered that the toys, known as the Relax 5mm Science Kit, contain magnet pieces that do not meet federal standards. The magnets did not meet CPSC’s classifications for choking hazards and were stronger than permitted.
Does Walmart Sell Magnetic Balls?
The magnetic balls in question were marketed at Walmart under the complete name “Relax 5mm Science Kit, Large Hematite Magnets Magnetic Stones Building Blocks.” The set contains 216 pieces of 5 mm multi-colored magnetic balls sold in boxes.
While there are other variations sold in other retail stores, Walmart obtained its Relax Magnetic Balls directly from Joybuy, a Chinese company. The CPSC estimates that there are over 4,200 units sold across the United States.
Why Did The CPSC Ban The Walmart Magnetic Balls?
The CPSC regulates virtually every product sold on the US market to protect consumers from serious injury or death. This includes products designed for children under the age of 3. The CPSC uses a small parts cylinder to determine whether or not a product poses an ingestion hazard.
The small parts cylinder approximates the size of a child’s fully expanded throat. Any toy, game accessory, or other article that fits within this cylinder is considered dangerous. Therefore, manufacturers must include a choking hazard warning on the box. Similarly, the CPSC or the product’s retailer may also pull it off the shelves, as is the case with the magnetic balls at Walmart.
The Dangers Of Ingesting Walmart Magnetic Balls
Aside from the choking hazard, these magnetic balls attract each other, which can put children at significant risk of severe internal injuries when ingested. If the balls get lodged in the digestive system, the victim may suffer from:
- Perforations or tears caused by the metal balls piercing through the inner organ lining.
- Blockage of the intestines.
- Infection
- Blood poisoning
- Death
It’s essential to bring the victim to the nearest hospital as soon as possible. Learning how to apply first aid may also help avoid hospitalization and severe injuries.
What Should Parents Do If Their Child Is Choking?
Choking incidents involving children can be nerve-wracking. As a parent, stay calm and follow the recommended steps below on what to do during and after the incident.
First-Aid During The Incident
Seeking immediate medical help by calling 911 is a crucial step when responding to a choking incident. While waiting, you may apply first aid, depending on your child’s current condition.
If your child:
- Can Talk but Has Trouble Breathing — Encourage the child to cough the object out.
- Can’t Talk but Is Conscious — Follow any directions given by the 911 operator, which may include providing first aid until paramedics arrive.
- Falls Unconscious — Lay the child on his/her back and start cardiopulmonary resuscitation (CPR).
Next Steps After The Incident
Upon determining that your child is safe, it’s helpful to know what steps to take following the incident. Here are some things you can do:
- Aftercare — Visit a specialist for a general checkup to verify that the ingested magnets did not cause any injuries to your child’s throat and digestive tract.
- Ask for a Refund — Call the manufacturer or retailer and ask for a refund. In Walmart’s case, Joybuy is notifying all purchasers and providing full refunds.
- Call a Lawyer — You may pursue the case further by working with a product liability injury lawyer. You may be eligible to pursue compensation if you can demonstrate that Walmart or the manufacturer is responsible for the injuries.
What Constitutes A Product Liability Case?
In many product liability cases, proving a defect or inadequate warning is sufficient, regardless of whether the defendant was negligent. However, in some cases (such as those based on negligence or breach of warranty), additional or different proof may be required.
In a product liability case, your attorney will establish that one of the following elements is present:
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- A Design Flaw — A design flaw means the product is still dangerous even if it’s manufactured and used correctly. In the case of the magnetic balls at Walmart, the product failed to meet CPSC’s federal safety standards. That is to say, it was flawed from the beginning.
- Manufacturing Error — A product injury lawyer can investigate and gather evidence for manufacturing errors to assess the liability. For instance, a manufacturer may be held responsible if they fail to properly attach the brakes to a bike, which leads to severe injuries.
- Insufficient Warning — Although some products may not be inherently dangerous, improper use can lead to severe injuries. Manufacturers also bear the responsibility to warn users of risks that may not be apparent to the average person. For example, if the magnetic balls Walmart sells do not include a choking hazard warning, the manufacturer and possibly Walmart may be held liable for any resulting injuries.
Walmart’s Product Liability History
Despite being the largest retail chain in the United States, Walmart is not without flaws. While many US consumers recognize it as the most affordable retail store, some pay a great price for its products.
Over the years, Walmart has faced numerous lawsuits and claims related to defective or poorly designed items that have led to injuries. Here’s a quick history of Walmart’s product liability cases.
Illegal Opioids
Walmart reached a $3.1 billion nationwide settlement with state and local governments to address claims related to its opioid dispensing practices. Federal litigation concerning Walmart’s opioid dispensing remains active in several jurisdictions.
Poorly-Assembled Tricycle
On December 29, 2020, a woman from Branson filed a lawsuit against Walmart after suffering cuts, bruises, a broken nose, and a traumatic brain injury. The woman claims that the poor assembly of the tricycle caused her brakes to stop working.
Defective Pressure Cooker
In Ohio, Jaylon Reed and Sky Williams filed a product liability lawsuit against Walmart on May 4, 2023. The couple purchased a 7-in-1 Farberware pressure cooker, which unexpectedly exploded after sitting in the kitchen for an hour. Williams suffered second- and third-degree burns all over her body because of the incident.
Exploding Gas Cans
In December 2013, Walmart was named as the defendant in 24 of the 80 lawsuits against Blitz USA. The manufacturer, Blitz, was allegedly selling defective gas cans that could explode, potentially leading to serious injuries. Walmart, the distributor, allegedly sold the products despite knowing these defects.
Other Types Of Accidents In Walmart
Aside from injuries caused by defective products, such as the Walmart magnetic balls, the retail giant continues to face other types of lawsuits due to various accidents.
Slip-And-Fall
Walmart slip-and-fall accidents are commonly the result of wet floors, unsecured tiles, debris along the aisles, cracked pavement in the parking lot, and other factors. Property owners, including Walmart, are legally required to maintain reasonably safe conditions for customers. If Walmart’s negligence causes a slip-and-fall accident, you may be able to sue for personal injury.
Assault On Its Premises
Walmart may also be held liable for assaults that occur on its premises. In a recent case, Walmart was found liable for leaving unsecured baseball bats on the shelves. A homeless man grabbed one of these bats and attacked a couple shopping nearby. Walmart was found 50% responsible for the attack, and that resulted in a judgment of more than $30 million against the company.
Falling Objects
Injuries caused by falling merchandise at Walmart may also be grounds for a claim under premises liability law. While the law does not specifically define safe stocking practices, many courts have determined that accidents involving falling merchandise, including those related to other customers’ actions, are foreseeable risks that stores should address.
Contact Arash Law For Claims Against Walmart Due To Defective Items
Our government has established several laws to protect consumers from hazardous products. Individuals who sustain an injury due to a defective product may have a right to seek compensation under the law. If you or your child suffered injuries from Walmart’s magnetic balls or other products, call Arash Law at (888) 488-1391 for a free case review.
Our legal team assists clients with various personal injury cases, including product liability claims, car accidents, rideshare collisions, and dog bites. Arash Law has experience handling cases against large companies, such as Walmart. We provide comprehensive support to clients throughout the legal process.
