Every year, several product-based trends take over social media. This year, the viral squishy mystery dumplings and NeeDoh sensory toys are among the most popular toys. NeeDoh is at the center of today’s case, in which a teenager left her sensory toy in the car for several hours. The average temperature in New Mexico in June ranges from the mid-80s to mid-90s °F. Due to the intense heat, the gel inside the toy melted, and the outer layer became more malleable.
@user3352541191566 New Mexico teen gets 3rd degree burns from viral NeeDoh toy after leaving it in hot car #fpy#news#tiktok#foryou#breankingnews
Back in the car, she picked up the toy and can be heard in a Snapchat video saying, “I just left this in the car for like five hours; it burns. I feel like it’s going to pop.” She then proceeded to squeeze the gumdrop-shaped NeeDoh, which exploded in her hand. In the video, we can see the hot gel landing on the girl’s arms and legs. Because the gel is slightly sticky, it became impossible to remove without peeling off the skin underneath.
The teenager’s mother rushed her to the hospital, where she was treated for severe third-degree burns. This incident has become a topic of discussion online, with some people suggesting that the mother should sue NeeDoh. However, NeeDoh packages clearly state “CAUTION: DO NOT leave in car or direct sun; contents may become hot. Do NOT heat, freeze, or microwave; may cause personal injury.” So, who is responsible?
Personal Injury Claims and Product Liability
If a product injures a person, they may file a product liability claim against the manufacturer, distributor, or seller. Successful product liability claims must fall into one of three categories: manufacturing defects, design defects, or failure to warn. In this burn injury case, to prove product liability, the injured party will have to prove that their specific NeeDoh product was defective in some way or that the toy is dangerous.
Due to the clear warning on every NeeDoh box, it would be practically impossible to claim failure to warn. California product liability laws hold manufacturers, distributors, and sellers accountable for defective products. In the case of the exploding NeeDoh, the company’s legal team will most likely argue that there is adequate warning. Also, in the public Snapchat video, the teen was aware that the toy might pop. She then squeezed it anyway.
If the girl’s mother decides to take legal action, she will have to demonstrate that the toy is inherently unsafe. Since the company’s inception in 2017, there have been several incidents of children being injured by hot NeeDoh toys. A new viral TikTok trend involves putting the toys in the microwave, which goes against the warning on the box. However, the situation becomes more complicated when we consider chemical burns and severe skin irritation.
Parents have reported that the outer layer of their child’s NeeDoh ruptured during normal play. In one case, an 8-year-old child got the gel on his skin and developed a painful burn-like reaction. Many NeeDoh toy listings on Amazon have reviews stating the toys broke within a few hours or days of purchase. This could indicate that the design of the toys is flawed. In such a situation, it is possible for there to be shared liability under comparative negligence laws.
The injured teenager did not heed the warning never to leave the toy in a hot car, but maybe if the toy had been made differently, it wouldn’t have caused such a severe injury. On the NeeDoh website, they say that the toys are “made from high-quality, non-toxic materials…” and that they are “designed to be both durable and safe for kids and adults alike.” If the teenager’s mother and her attorney can prove that this claim is false, they may be able to secure compensation.
Seeking Compensatory Damages for Defective Products
This case is complicated and legally nuanced. There are many factors to consider that can completely shift the trajectory of any future lawsuit. If they are sued, NeeDoh may choose to settle the claim privately to avoid bad publicity. On the other hand, they may choose to fight the claims publicly to dispel rumors that their products are dangerous.
This situation could even turn into a class action lawsuit, with multiple parties who have experienced NeeDoh-related injuries joining together to hold the company accountable. If a defective toy or product has injured you or your child, you may have grounds to seek compensatory damages. Contact our team at HHJ Trial Attorneys to schedule a free case review. We can discuss your legal options and advise you on the validity of your claim.
