What to do about a toy that had a needle in it?

Asked almost 3 years ago - Napa, CA

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My fiance and I bought a water toy set for my 1 year old son about 3 weeks ago. We were letting my son play with the red water ball and water net for bath time. Well we decide yesterday that he could play with all of them in his little swimming pool.My fiance picked up the yellow ball that was full of water and squeezed, and pricked by something he brushed it off like it was nothing and tried again and got pricked again, he started looking at the ball and saw something sticking out of it. I thought it was a staple that got stuck in it from packaging so I tried to pull it out and end up having to use my teeth.About an inch of needle came out. I then took a picture of the needle sticking out of the ball as soon as i realized what it was. What should i do now?

Additional information

I asked my family what they think I should do. They believe I should sue the toy company. But that it would be hard with no proof of myself or fiance not putting the needle in there, as well to no proof to no one doing it from where i bought it.

Attorney answers (2)

  1. Licensed in CA

    Palm Springs Real Estate Attorney
    Contributor Level 10
    Best Answer
    chosen by asker

    Answered August 16, 2010 11:48. Besides all that, unless there was a serious injury it does not make sense to bring a product liability lawsuit. I would, however, alert the police and maybe the Federal Trade Commission. They keep records on this kind of stuff.

  2. Licensed in CA

    Pro

    Rancho Cucamonga Lawsuit / Dispute Attorney
    Contributor Level 17

    Answered August 16, 2010 18:51. You should also alert the store where you purchased the product.

    Best of luck to you.

    This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.

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