Topic 1: Torts and Cyber Torts

CARDWARE, Inc. has introduced a new “Let’s Keep Warm” matching clothing line for

toddlers and children up to age six and their dolls. The clothing line is unique as the

sweaters have charms on them that are suitable for a variety of occasions. For

example, there are Valentine’s Day sweaters with various hearts attached to the

pockets. Included in this newest production are matching clothes for dolls that have the

exact small charms and buttons that the toddler/children line has on them. Kendra, a 4-

year old was given a sweater for her and her doll for her birthday. One of the charms, a

birthday cake, fell off of one of the pockets of Kendra’s doll’s sweater, as the stitching

did not secure the charm in place. Kendra picked it up and put it in her mouth to show

her doll that the cake was delicious. Unfortunately, she began to swallow the charm.

Luckily, her mother was walking by Kendra’s room where she was playing and saw the

toddler choking. She was able to retrieve the small item from her airway. Kendra,

however, is now devastated and not only has a cut in her esophagus from the charm,

but is distraught and is having nightmares over the choking incident.

Discuss the following:

1. Should there have been a warning placed on the sweater or packaging?

Yes, the CARDWARE should have had a warning label on the packages.

2. Would Kendra’s mom have a strong product liability case against CARDWARE?

Explain why or why not.

3. Identify potential manufacturer defenses and explain such defenses.