Unfortunately for one Kentucky teen, playing sword baseball with a water-bottle resulted in a severe accidental injury that is now the subject of a product liability lawsuit. While the teen was playing with friends by using a sword as a bat, and hitting plastic water bottles with it, the sword came apart, and the blade struck the teen in the head.
The teen was in a coma for over a month, and had to undergo numerous medical procedures. Despite all this already, it is expected that his recovery will require lifelong medical care. His parents have filed a lawsuit against the sword’s manufacturer as a result of a product defect.
The parents of the injured teen filed a lawsuit alleging that the sword was defective because it came apart, and the defect caused the injury. Specifically, the sword’s blade and handle came apart, and the blade struck the teen in the head. The lawsuit points to the fact that the sword’s handle appeared to have been glued on, rather than secured by rivets or bolts. Additionally, it is alleged that the sword was shipped with no warnings, or descriptions, let alone any indication of whether it was intended for decorative use only, or any other uses.
These allegations may seem remote given that the the teen was engaged in an activity that’s outside normally expected uses. However, the allegations are still cognizable product liability claims. Generally, an injury must be foreseeable, but that does not mean the exact action contemplated needs to occur.
Related Resources:
- Find Personal Injury Lawyers in Your Area (FindLaw’s Lawyer Directory)
- Medieval Times Sued Over Newlywed’s Eye Injury (FindLaw’s Injured)
- Is It Legal to Carry a Sword in Public? (FindLaw Blotter)
- Man Uses Sword, Guitar in Pulp Fiction-Like Tattoo Shop Attack (FindLaw’s Legally Weird)
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