I think this sort of litigation would prompt companies to think twice about any form of recall of defective or dangerous products. Why would a company voluntarily recall a defective/dangerous product when they know full well that some schmuck out there in greedville is going to drag them into litigation? This is setting us up for some dangerous secretive behaviors by product manufacturers and importers for the future. By the way, does anyone know how many gallons of lead-based paint a kid would have to ingest before any kind of “injury” could occur? Also, lead is an environmental element pervasive in many areas of the country, not just in Section 8 housing…you have lead in your system just from existing in a particular place. Who’s to say that in the event a kid shows traces of lead in his system that it came from lead-based paint and not from his outdoor environment? We’ve gotten ridiculous with greed in this country, and you can pin the blame squarely on the legal profession.
problem is that society is already moving to lawsuit, when nobody has been determined to be hurt. i think mattel was smart enough to make a recall of the items. first of all, how long of an exposure to lead will it cause problems? next you have to identify which batch of toys and how far back do we have to go? folks just want to get their name in the hat to say they made a difference when in fact they are making a calamity. mattel is taking the action it can. it’s going to take time to actually determine if there has been actual physical damage.
I’m going to propose a radical solution to this type of thing (plaintiff’s attorneys, please don’t kill me for this): parents should take responsibility for their own children. But then that’s what we have government for (and please don’t think that this would happen in the absence of coercive government and its handmaiden, a monopolized legal system); as someone wiser than me once said “government is that great fiction where one half of the population lives at the expense of the other half.”
Paris, Britney and Lindsey have clearly ingested their fair share of lead paint, so we know the Chinese manufacturers have been doing this for quite some time now. The problem is much bigger than these recent recalls.
This is one law suit that should never have had to be filed. Upon making the decision to recall the toys, Mattel should have offered lead testing facilities to anyone who purchased one of the purportedly contaminated toys for two reasons-to do the right thing and for PR reasons. Granted it might open them up to liabilities but it might have stemmed the upcoming law suits and reduced their legal fees.
This lawsuit was totally expected but should never reach a courthouse nor class action status. If these parents are truly concerned about the safety and well being of their chidlren then they should test their own children at their own expense and if anything is wrong then pursue a legitimate claim against Mattel and if nothings wrong then MOVE ON. The parents seems like money grubbing gold digging wh*res.
I Agree…..with today’s society, everyone is trying to grab every little bit of money they can get and rather stand back and look at the situation, they run to the lawyer, whom is saying go ahead, i am making money either way…because part of the settlement will be their’s anyways…
OK, if you can’t play nice you don’t get to play at all – what makes you think the parents are money grubbing anyway? Don’t you think that these toys went to homes where some of the parents have health insurance & possibly some went to low or fixed income homes & maybe the State will pick up the tab to have the children tested? What’s wrong with having Mattel pick up the testing tabs if there is a confirmed exposure? They were the ones who distributed them under their label after all… (Sorry if I misspelled anything or didn’t punctuate property for all you perfectionists out there in IJ posting land)
I would like to see the result be: OK, have your children tested at our expense, billed directly to Mattel & if the results are negative, go away. No $$ to anyone, no fuss, no muss. Just wait for the hue & cry from that kind of verdict!! How do you propose the degree of imparement be assessed? Tested against what? How do you defeat fraud? Maybe Happy Day would be willing to be in charge & do the work too.
OK, tell you what… If I knew about these things maybe I would even volunteer to help with the testing, not for pay, not for anything other than to help my fellow Americans & their children, but I am not a scientist nor do I have any medical training (I do know how to clean & dress a small wound or make an ice pack for injuries), so it would seem that I am not the most qualified to answer your questions or to do the testing (whatever that may entail.
Oh, clm mgr, if the Company had checks in place & used them to not allow defective merchandise from being purchased to begin with & testing of all products before they are marketed to the general public, there would be much fewer problems that involve litigation. Looks like Mattel might need someone new in Loss Control… just a thought…
I have no idea how much Lead is bad, butas a child I had an Antique Iron Bed with Lead paint. We all played on it, jumped on it, had slumber parties with a bunch of kids, hid under it when we played hide-n-seek & it was nothing that made any of us sick & no one died from it… but of course now that the Attorneys have become more involved in so many areas (like chickens pecking at the dirt trying to find some little scrap to chew on) who knows what is acceptable anymore since they keep changing the story on us.
I think if a manufacturer or distributor of products to the public put out something that has been deemed unsafe, then they should suffer the costs to make it right & satisfy any testing needed as a result of possibly endangering people’s health or life.
Sorry if you do not agree… I figure if you sell something in a market that has safety regulations & your product is inferior with regard to its safety, pull it & learn how to check & verify the safety standards have been met before you sell it! There is a reason the safety measures are put in place & its not to get additional funds to Attorneys who represent folks that bought a product that was later recalled due to something regarding the safety of the consumer.
Mattel has been in business long enough to know the checks & balances & get it right — someone messed up — that’s why they need to step up & take action now.
The amount of lead that has to be ingested (mind you the kid has to eat the paint for lead to be toxic) varies with the individual. Some people are harmed with a few grams, others might have to ingest almost a quarter pound. Mind you this is over a lifetime as lead accumulates in the system.
Mattel should pay for testing. They are in for a lot of legal fees because to defend themselves against the inevitable lawsuit they will need to get background levels for all areas that people are suing from, and areas they moved from. Lead-based paint wasn’t taken off the market until the ’70s so there’s still a ton of it out there.
This is a sticky wicket. I’m glad I don’t work for Mattel’s QA or legal department.
I totally, totally agree with Happy Day. We need to keep these jobs here in the good ole U.S. of A. We should have own best interests at heart, not placing our safety overseas.
Did anyone notice that the family is from California but the attorney is from Philadelphia? Is this the global market at work? I bet the lawyer probably RAN the whole way to LA to get the case before some other local attorney…as you said….here we go again….and what’s next after the testing? Are they hoping their kid ate some lead? What happens if the test is negative? Sue for damage to their reputation :-P…sarcasm fully intended….LOL
Mary B, I have been following your posts in other articles and I enjoy reading them. You are one of many posters in IJ who can think clearly and logically. I also enjoy the humor. It makes my day! Thanks!
this site has graphic photos that show what problems can happen from imported goods, along with documentation of the person that was affected by the goods she purchased at Wal-Mart…
Wow, thanks Stat Guy. Your posts are pretty clever as well. I guess I am a jaded old hag that worked in claims for too long before going to the broker side. People who sue (IMHO) are money grubbers, plain and simple. Mattel should not have to pay one cent until the parents of their “injured” child have proven beyond a shadow of a doubt that the toys injured the child. I don’t care if the parents are billonaires, millionaires, section 8naires, low income, middle income or whatever. You want to sue, you pay first and then reap the benefits after you have proven your case. I guess I believe in simple logic instead of bleeding hearts and the playing on smypathy.
the key to all this, is the amount that the kid ingested from the actual toy. they need to prove beyond a shadow of a doubt. if we need to prove negligence, what about the negligence of a parent allow a child to lick an item? or wall? again, where is the responsible individual/parent? if that parent’s role is always diffusing responsibility to get money, then we will always see frivilous lawsuits. now, mattel did right – by recalling the products. it would be nice that products be made in america, but americans are just too fussy about $$$$. why do you think it is cheaper for labor, shipping and selling to the consumer for more money?
$$$ money $$$
is this not the sole driving commodity? is that why the lawyer quickly ran to pa? and how did he connect with the california couple?
money for the company trying to save $$ to make a good profit. money for the lawyer whom is helping the couple sue, again, for a huge sum. money for the couple, just because they might have a lead paint problem with their child, again, lawyer will get most of that money. so if it is all about money? why are we so hasty? why are we so anxious to think that because others have it, we have to go after it, even when we might be wrong. i wud think that mattel has a legal team assessing the situation. because they deal with children’s toys for so long, they will do the right thing. but if you noticed, toys made in china is not the only thing wrong in china. read about the air pollution and what they plan to do about it just prior to the olympics. i think we need to point the finger at someone other than big business.
I guess I missed out where the family was suing for big buics & money grubbing, as the article I read says they are suing for testing…
I have to agree that far to many people have something minor & most times they are the actual responsible party, but chose to go after someone with deep pockets to see if they can get a chunk for themselves, but this one didn’t have an amount for the suit, but indicated it should inclue the costs of testing children…
I really don’t know what all that entails, but they do have a responsibility to the public & their QC aparently did not take the proper steps to ensure the safety of the product prior to marketing it to the children, who are after all, the innocent.
Sorry you didn’t read it the same as I did, but I think the company needs to be aware that they must make sure every product is safe or within the safety guidelines as set by our government, so they do not encounter great losses that tap into their otherwise large gains!
I think this sort of litigation would prompt companies to think twice about any form of recall of defective or dangerous products. Why would a company voluntarily recall a defective/dangerous product when they know full well that some schmuck out there in greedville is going to drag them into litigation? This is setting us up for some dangerous secretive behaviors by product manufacturers and importers for the future. By the way, does anyone know how many gallons of lead-based paint a kid would have to ingest before any kind of “injury” could occur? Also, lead is an environmental element pervasive in many areas of the country, not just in Section 8 housing…you have lead in your system just from existing in a particular place. Who’s to say that in the event a kid shows traces of lead in his system that it came from lead-based paint and not from his outdoor environment? We’ve gotten ridiculous with greed in this country, and you can pin the blame squarely on the legal profession.
Here come all the insane lawsuits to try and get their piece of the Mattel pie.
What’s next…someone going to sue because Barbie’s legs don’t bend at the knee…
problem is that society is already moving to lawsuit, when nobody has been determined to be hurt. i think mattel was smart enough to make a recall of the items. first of all, how long of an exposure to lead will it cause problems? next you have to identify which batch of toys and how far back do we have to go? folks just want to get their name in the hat to say they made a difference when in fact they are making a calamity. mattel is taking the action it can. it’s going to take time to actually determine if there has been actual physical damage.
We must not neglect to adequately fund for the expected attorney’s fees, too.
First things first…
I’m going to propose a radical solution to this type of thing (plaintiff’s attorneys, please don’t kill me for this): parents should take responsibility for their own children. But then that’s what we have government for (and please don’t think that this would happen in the absence of coercive government and its handmaiden, a monopolized legal system); as someone wiser than me once said “government is that great fiction where one half of the population lives at the expense of the other half.”
Paris, Britney and Lindsey have clearly ingested their fair share of lead paint, so we know the Chinese manufacturers have been doing this for quite some time now. The problem is much bigger than these recent recalls.
I’m not surprised by this lawsuit at all.
This is one law suit that should never have had to be filed. Upon making the decision to recall the toys, Mattel should have offered lead testing facilities to anyone who purchased one of the purportedly contaminated toys for two reasons-to do the right thing and for PR reasons. Granted it might open them up to liabilities but it might have stemmed the upcoming law suits and reduced their legal fees.
This lawsuit was totally expected but should never reach a courthouse nor class action status. If these parents are truly concerned about the safety and well being of their chidlren then they should test their own children at their own expense and if anything is wrong then pursue a legitimate claim against Mattel and if nothings wrong then MOVE ON. The parents seems like money grubbing gold digging wh*res.
I Agree…..with today’s society, everyone is trying to grab every little bit of money they can get and rather stand back and look at the situation, they run to the lawyer, whom is saying go ahead, i am making money either way…because part of the settlement will be their’s anyways…
OK, if you can’t play nice you don’t get to play at all – what makes you think the parents are money grubbing anyway? Don’t you think that these toys went to homes where some of the parents have health insurance & possibly some went to low or fixed income homes & maybe the State will pick up the tab to have the children tested? What’s wrong with having Mattel pick up the testing tabs if there is a confirmed exposure? They were the ones who distributed them under their label after all… (Sorry if I misspelled anything or didn’t punctuate property for all you perfectionists out there in IJ posting land)
I would like to see the result be: OK, have your children tested at our expense, billed directly to Mattel & if the results are negative, go away. No $$ to anyone, no fuss, no muss. Just wait for the hue & cry from that kind of verdict!! How do you propose the degree of imparement be assessed? Tested against what? How do you defeat fraud? Maybe Happy Day would be willing to be in charge & do the work too.
OK, tell you what… If I knew about these things maybe I would even volunteer to help with the testing, not for pay, not for anything other than to help my fellow Americans & their children, but I am not a scientist nor do I have any medical training (I do know how to clean & dress a small wound or make an ice pack for injuries), so it would seem that I am not the most qualified to answer your questions or to do the testing (whatever that may entail.
Oh, clm mgr, if the Company had checks in place & used them to not allow defective merchandise from being purchased to begin with & testing of all products before they are marketed to the general public, there would be much fewer problems that involve litigation. Looks like Mattel might need someone new in Loss Control… just a thought…
I have no idea how much Lead is bad, butas a child I had an Antique Iron Bed with Lead paint. We all played on it, jumped on it, had slumber parties with a bunch of kids, hid under it when we played hide-n-seek & it was nothing that made any of us sick & no one died from it… but of course now that the Attorneys have become more involved in so many areas (like chickens pecking at the dirt trying to find some little scrap to chew on) who knows what is acceptable anymore since they keep changing the story on us.
I think if a manufacturer or distributor of products to the public put out something that has been deemed unsafe, then they should suffer the costs to make it right & satisfy any testing needed as a result of possibly endangering people’s health or life.
Sorry if you do not agree… I figure if you sell something in a market that has safety regulations & your product is inferior with regard to its safety, pull it & learn how to check & verify the safety standards have been met before you sell it! There is a reason the safety measures are put in place & its not to get additional funds to Attorneys who represent folks that bought a product that was later recalled due to something regarding the safety of the consumer.
Mattel has been in business long enough to know the checks & balances & get it right — someone messed up — that’s why they need to step up & take action now.
The amount of lead that has to be ingested (mind you the kid has to eat the paint for lead to be toxic) varies with the individual. Some people are harmed with a few grams, others might have to ingest almost a quarter pound. Mind you this is over a lifetime as lead accumulates in the system.
Mattel should pay for testing. They are in for a lot of legal fees because to defend themselves against the inevitable lawsuit they will need to get background levels for all areas that people are suing from, and areas they moved from. Lead-based paint wasn’t taken off the market until the ’70s so there’s still a ton of it out there.
This is a sticky wicket. I’m glad I don’t work for Mattel’s QA or legal department.
I totally, totally agree with Happy Day. We need to keep these jobs here in the good ole U.S. of A. We should have own best interests at heart, not placing our safety overseas.
Think I’ll take all the lead in my butt & go fishing!
Did anyone notice that the family is from California but the attorney is from Philadelphia? Is this the global market at work? I bet the lawyer probably RAN the whole way to LA to get the case before some other local attorney…as you said….here we go again….and what’s next after the testing? Are they hoping their kid ate some lead? What happens if the test is negative? Sue for damage to their reputation :-P…sarcasm fully intended….LOL
Mary B, I have been following your posts in other articles and I enjoy reading them. You are one of many posters in IJ who can think clearly and logically. I also enjoy the humor. It makes my day! Thanks!
this site has graphic photos that show what problems can happen from imported goods, along with documentation of the person that was affected by the goods she purchased at Wal-Mart…
http://www.lamanaphotography.com/walmart2.htm
Buyers Beware!!!
Wow, thanks Stat Guy. Your posts are pretty clever as well. I guess I am a jaded old hag that worked in claims for too long before going to the broker side. People who sue (IMHO) are money grubbers, plain and simple. Mattel should not have to pay one cent until the parents of their “injured” child have proven beyond a shadow of a doubt that the toys injured the child. I don’t care if the parents are billonaires, millionaires, section 8naires, low income, middle income or whatever. You want to sue, you pay first and then reap the benefits after you have proven your case. I guess I believe in simple logic instead of bleeding hearts and the playing on smypathy.
the key to all this, is the amount that the kid ingested from the actual toy. they need to prove beyond a shadow of a doubt. if we need to prove negligence, what about the negligence of a parent allow a child to lick an item? or wall? again, where is the responsible individual/parent? if that parent’s role is always diffusing responsibility to get money, then we will always see frivilous lawsuits. now, mattel did right – by recalling the products. it would be nice that products be made in america, but americans are just too fussy about $$$$. why do you think it is cheaper for labor, shipping and selling to the consumer for more money?
$$$ money $$$
is this not the sole driving commodity? is that why the lawyer quickly ran to pa? and how did he connect with the california couple?
money for the company trying to save $$ to make a good profit. money for the lawyer whom is helping the couple sue, again, for a huge sum. money for the couple, just because they might have a lead paint problem with their child, again, lawyer will get most of that money. so if it is all about money? why are we so hasty? why are we so anxious to think that because others have it, we have to go after it, even when we might be wrong. i wud think that mattel has a legal team assessing the situation. because they deal with children’s toys for so long, they will do the right thing. but if you noticed, toys made in china is not the only thing wrong in china. read about the air pollution and what they plan to do about it just prior to the olympics. i think we need to point the finger at someone other than big business.
Hi Mary,
I guess I missed out where the family was suing for big buics & money grubbing, as the article I read says they are suing for testing…
I have to agree that far to many people have something minor & most times they are the actual responsible party, but chose to go after someone with deep pockets to see if they can get a chunk for themselves, but this one didn’t have an amount for the suit, but indicated it should inclue the costs of testing children…
I really don’t know what all that entails, but they do have a responsibility to the public & their QC aparently did not take the proper steps to ensure the safety of the product prior to marketing it to the children, who are after all, the innocent.
Sorry you didn’t read it the same as I did, but I think the company needs to be aware that they must make sure every product is safe or within the safety guidelines as set by our government, so they do not encounter great losses that tap into their otherwise large gains!
Have a super day!