The lawsuit was filed in a Maine state court in late August by the parents of 6-year-old Lucy.
The tragic incident occurred on 1/6/2024 while the family was on holiday. Older children were playing badminton in the front yard, with Lucy and her younger brother watching. During a swing, the metal head and shaft of the racket Lucy's brother was using suddenly detached from the handle and became airborne.
The sharp end of the detached racket shaft struck Lucy's temple, penetrating her skull and brain. She screamed in pain.
According to the lawsuit, Lucy's parents rushed from the back of the house upon hearing her screams. They found Lucy had already pulled the metal shaft from her head before collapsing unconscious.
Lucy was airlifted to Maine Medical Center. Despite efforts by emergency and hospital staff, they were unable to save her life.
Lucy died four days later from her brain injuries.
The lawsuit alleges that Franklin Sports, Inc., the racket's manufacturer, designed, tested, produced, advertised, marketed, and sold the badminton set with a dangerously defective racket.
The lawsuit outlines 4 alleged defects in the racket: the handle and metal shaft were not securely attached; the adhesive used to connect the handle to the shaft was defective; the adhesive was not strong enough; and the racket lacked a secondary retention component to secure the metal shaft to the handle if the primary adhesive failed.
Furthermore, the defendant failed to warn users about the potential for adhesive failure and the risk of the metal shaft detaching from the racket during normal use.
In response to the lawsuit, Franklin Sports extended condolences to Lucy's family and all others affected by the tragic accident.
Franklin Sports stated it takes product concerns seriously, is committed to quality and safety, and is thoroughly reviewing the incident's circumstances.
The plaintiffs are seeking financial damages, emotional distress, loss of comfort, affection, and companionship, punitive damages, interest, costs, funeral expenses, and other damages allowed by Maine law. The specific amount sought has not been disclosed.
By Hai Thu (Source: Law and Crime)
