The law firm of Clark, Perdue & List has filed suit in federal district court in Columbus, Ohio on behalf of a toddler who was seriously burned last year when a riding toy he was playing with burst into flames. The lawsuit against Peg Perego, U.S.A., Inc, the manufacturer of the dangerous toy tractor, alleges that the toy was “defective in design or formulation,” defective in manufacture and construction, and failed to adequately warn of potential fire risks. In addition, the lawsuit states that the manufacturer misrepresented the toy as safe for use by young children.
In June 2012, 2-year old Wyatt Buckley was playing on an electric toy tractor in his family’s yard when the toy caught on fire and ignited his clothing. Wyatt received second and third degree burns over half of his body. He was life-flighted to Children’s Hospital in Columbus, Ohio where he was hospitalized. During his lengthy hospital stay, the toddler endured multiple surgeries and physical therapy. As he grows, he will require additional surgeries.
Attorney Andrew List, partner at Clark, Perdue & List, stated “a child’s toy should not spontaneously catch on fire” and “should have been built in such a way that the fire doesn’t spread and harm the child should a fire occur.
Although some purchasers of toy tractors like the one that injured Wyatt modified the toys by replacing the original battery with another type of battery, the Buckley family did not. Attorney List said “there were no modifications to this device.”
The lawsuit seeks compensatory damages of at least $75,000, and punitive and exemplary damages for Wyatt Buckley and his parents, Marion and Heather Buckley.
For more information, contact the Ohio dangerous toy lawyers at Clark, Perdue & List.
Source: The Athens News, “Parents of toddler burned in toy tractor accident file lawsuit,” Jim Phillips, January 23, 2013.