Monday, January 28, 2013

Burned tot’s parents file lawsuit over toy tractor

An Athens County couple has sued the manufacturer of a battery-operated toy riding tractor that they say burst into flames, severely injuring their toddler son.

Wyatt Buckley, now 3, who lives outside Albany, was burned over more than 50 percent of his body when the toy tractor he was riding in his yard ignited on June 3, according to the lawsuit filed in U.S. District Court in Columbus.

The lawsuit against the toy’s manufacturer, Peg Perego USA Inc. — an Italian company with U.S. offices in Fort Wayne, Ind. — seeks unspecified damages for his parents, Marlon and Heather Buckley.

It says the fire was caused either by a defective product or a defective manufacturing process. The tractor was powered by a 12-volt battery.

“A toy given to a 2-year-old just can’t catch on fire; and if it does catch on fire, it should be designed and manufactured so it wouldn’t continue to burn so it would not cause catastrophic harm to the child,” said Andrew List, the attorney for the Buckley family.

Wyatt potentially faces a lifetime of surgeries and medical treatment, List said.

Mrs. Buckley said her son is improving every day, “but he still has a long way to go.”

Peg Perego could not be reached for comment. However, the company said in a statement at the time of the incident that “the materials of our toys cannot suddenly burst into flames. We are confident that other extraordinary external factors were involved to cause such a sudden fire.”

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Source: The Columbus Dispatch (Woods, 1/25)

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