Legal Opinion

Barocas v. F.W. Woolworth Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 12, 1995PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Williams, J.

The question on this appeal is whether alleged parental negligence in providing an action figure doll to an infant can give rise to liability.

On January 7, 1984, the infant plaintiff’s mother purchased two plastic, posable action figures from defendant. The packaging for the toy bore a legend stating that it was recommended for children over the age of 3 years. At the time, the infant plaintiff was 2 years and 7 Vi months old and toilet trained enough to urinate by himself at an ordinary toilet. That evening, the infant was at home, alone in the bathroom, when…

2Cases cited15 opinions

  1. Holodook v. SpencerNew York Court of Appeals · 1974
  2. Nolechek v. GesualeNew York Court of Appeals · 1978
  3. Gelbman v. GelbmanNew York Court of Appeals · 1969
  4. Young v. DalidowiczAppellate Division of the Supreme Court of the State of New York · 1983
  5. Parsons v. Wham-O, Inc.Appellate Division of the Supreme Court of the State of New York · 1989

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3Cited by6 opinions

  1. Rios v. SmithNew York Court of Appeals · 2001
  2. Martinez v. Hitachi Construction Machinery Co.New York Supreme Court · 2006
  3. Wallace v. PacelliAppellate Division of the Supreme Court of the State of New York · 1995
  4. Rosario v. Bann Housing Corp.Appellate Division of the Supreme Court of the State of New York · 1995
  5. Koulajian v. SmithAppellate Division of the Supreme Court of the State of New York · 2012

1 more not listed; retrieve them via the Exa API.

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