Maltais V. Bullseye Bow, Llc Et Al
Case Background
On August 25, 2023, Plaintiff Andrew Maltais Jr., as parent and next of kin of minor Doe, filed a product liability lawsuit against Bullseye Bow, LLC and Neil Kahrs for manufacturing and selling an unsafe and defective bow and arrow set as a result of which Doe’s eye was impaled while playing with it.
The lawsuit was filed in the United States District Court, Alabama Southern (Mobile). The product liability case was assigned to District Judge Terry F. Moorer and referred to Magistrate Judge William E. Cassady. [Case number: 1:23cv326]
Cause
Bullseye Bow, LLC (“Bullseye Bow”) and Defendants 1-60 operated in the business of designing, manufacturing, distributing, marketing, and selling youth bows, arrows, and their components across the United States, including Alabama, for public use. In 2013, they marketed a bow and arrow set as safe, strong, and easy for children ages 3 and older to use.
In 2022, the Defendants redesigned their bow and arrow sets, including the Youth Bow and Arrow Trainer, which is central to this lawsuit. The updated design included new arrow rods with tip inserts, allowing the foam tips to be removed and replaced. These foam tips, marketed as a safer alternative to traditional sharp-tipped arrows, were round balls available in various colors.
On March 18, 2023, Defendant Neil Kahrs, along with the fictitious Defendants, sold a youth bow and arrow trainer to Andrew Maltais Jr. at the Fairhope Arts and Crafts Festival in Fairhope, Alabama. A photograph from the event shows Kahrs at the Bullseye Bow booth.
On April 14, 2023, Christopher Maltais, age 7, and his 5-year-old brother were playing with the bow and arrow at their home in Jay, Florida. As Christopher prepared to shoot, the foam tip unexpectedly detached from the arrow seconds before it was released. The arrow, now without the foam tip, struck Christopher in the right eye. He removed the arrow from his own eye.
Injury
As a direct result of the bow and arrow malfunction, Christopher was airlifted to Sacred Heart Hospital and later transported by ambulance to UAB Callahan Eye Hospital. He sustained catastrophic and life-changing injuries, including lacerations to his eye, a ruptured globe, traumatic hyphema, choroidal hemorrhage, loss of his eye lens, and retinal detachment.
Due to the severity of his eye injuries, Christopher underwent several surgeries. These included a vitrectomy, open globe repair, and retinal detachment surgery.
Damages
Key Arguments and Proceedings
Legal Representation
- Plaintiff(s): Doe, a minor, represented by his parent and next of kin, Andrew Maltais Jr.
- Counsel for Plaintiff(s): Tyler Flowers | Robert Latimer Mitchell
- Defendant(s): Bullseye Bow, LLC | Neil Kahrs
- Counsel for Defendant(s): Christina May Bolin | Frederick Todd Weston | Gabrielle E. Reeves |
Claims
Defense
The defense denied the allegations.
Settlement
Court Documents:
Documents are available for purchase upon request at jurimatic@exlitem.com
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