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

As a direct result of the actions of Defendants Bullseye Bow and Neil Kahrs, Doe suffered and would likely experience physical pain and mental anguish in the future. He incurred medical expenses, including doctors and hospital bills exceeding $95,000, for the care and treatment of his injuries. Additionally, he would incur further medical expenses in the future.

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

On Doe’s behalf, his father filed a lawsuit against Bullseye Bow, LLC, and Neils Kahr. The lawsuit claimed general product liability under the Alabama Extended Manufacturer’s Liability Doctrine. It also included allegations of failure to warn, negligence, and wantonness.

Defense

The defense denied the allegations.

Settlement

The parties reached a settlement of $1 million on June 25, 2024.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com