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NEWS: Bandai Ordered to Pay for Child's Choking on Toy Capsule


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Ktimene's Lover



Joined: 23 Apr 2005
Posts: 2242
Location: Glendale, AZ (Proudly living in the desert)
PostPosted: Wed May 21, 2008 2:51 pm Reply with quote
Pardon my language but this is BS! The parents need to be more careful. Needing to pay money equal to the amount that a Ferrari can cost? Hell no. BTW, how does one get brain damage choking on a plastic capsule?
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Kiyoko



Joined: 27 Jul 2003
Posts: 131
Location: Pennsylvania
PostPosted: Wed May 21, 2008 2:58 pm Reply with quote
Ctimene's Lover wrote:
Pardon my language but this is BS! The parents need to be more careful. Needing to pay money equal to the amount that a Ferrari can cost? Hell no. BTW, how does one get brain damage choking on a plastic capsule?


The brain needs sufficient quantities of oxygen in order to function properly. If something obstructs your airways and you get little or no oxygen into your body, your brain begins to shut down. If it's shut down for long enough some parts of it may be permanently damaged.
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Porcupine



Joined: 21 Jul 2004
Posts: 1033
PostPosted: Wed May 21, 2008 3:02 pm Reply with quote
A life is worth a lot. The parents got hardly anything compared to what they had asked for, and even that hardly compares to what would have been awarded had an adult or rich person died.

That the parents got so little was probably due to the fact that Bandai's product did meet official safety standards (which were simply not strict enough and will probably be altered because of this).

You can get brain damage choking on anything if you can't breathe. But for that to happen usually something has to be stuck in your windpipe. If something just got stuck in the child's mouth maybe he would still be able to breathe through his nose. My guess is that the toy did get down the windpipe and the article was not clear about that. From the article the gashapon capsule in question was only 3 to 4 cm in diameter so that's quite a bit smaller than the typical gashapon capsule you might get an anime figure in. I don't think you can choke on those even if you tried, they are too big.
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hikaru004



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Wed May 21, 2008 3:04 pm Reply with quote
Ctimene's Lover wrote:
Pardon my language but this is BS! The parents need to be more careful. Needing to pay money equal to the amount that a Ferrari can cost? Hell no. BTW, how does one get brain damage choking on a plastic capsule?


Well, the child was choking. Air was not getting to the lungs for the child to breathe and therefore oxygen was not getting to the child's brain. It's called Anoxic Brain Injury. The amount awarded won't cover that kid's upkeep.


Last edited by hikaru004 on Wed May 21, 2008 3:06 pm; edited 1 time in total
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DmonHiro





PostPosted: Wed May 21, 2008 3:04 pm Reply with quote
This is TOTAL BS. This is 100% the parents fault. How did the kid GET the capsule in the first place? It pisses me off when parent blame everything on something other then themselves. 1st off, the kid should not have had the capsule in the first place. 2nd, how can you be blamed if your producs meets the requiremnts stated by law? If a moron kid stabs someone in the eye with one of my companys pens, I bet the idiot parent will blame ME for making the pen sharp.

PS: See, people? USA is not he only country with dumb parents. The whole world has dumb parents
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Sheleigha



Joined: 09 May 2008
Posts: 1673
PostPosted: Wed May 21, 2008 3:06 pm Reply with quote
Ctimene's Lover wrote:
The parents need to be more careful.


I'll agree with this. I have seen what irresponsible parents have done where I work, from seeing a baby suck on a balloon, to attempt to bring a baby buggy down an escalator (and not the flat kind that can support them). If a kid is playing with something small like that, keep an eye on them >_>

Despite what the court said, if it's not intended for a kid under 3, just... don't give it to them Anime hyper
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Mmsven



Joined: 29 Aug 2007
Posts: 86
Location: British Columbia, Canada
PostPosted: Wed May 21, 2008 3:09 pm Reply with quote
The parents are more retarded than the kid is now. What kind of parents give their TWO YEAR OLD a small toy prize capsule? The kid probly didn't even know what anime means at the time.
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fokkusuhaundo



Joined: 28 Feb 2008
Posts: 346
Location: San Diego ♥ ☼ ▓
PostPosted: Wed May 21, 2008 3:12 pm Reply with quote
The kid was under three, and I remember as a three year-old I would often put things in my mouth, with hard candy being my worst enemy. There's usually a choking hazard warning on toys or candy to warn parents so there probably wasn't any on the capsule, although I wouldn't know much about Japan and their laws on choking hazards.
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hikaru004



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Wed May 21, 2008 3:12 pm Reply with quote
And I'm sure that the parents are blaming themselves too so a little sympathy for them should be given considering the potential consequences for that child. A child that they had huge hopes for the future got taken away from them.
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DmonHiro





PostPosted: Wed May 21, 2008 3:16 pm Reply with quote
I feel sorry for the kid. I do not feel sorry for the parents, since it is their fault. The sad part is, that the kid is the one who has to pay the price.
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Egret



Joined: 08 Jun 2007
Posts: 45
PostPosted: Wed May 21, 2008 3:27 pm Reply with quote
Well, you can't put all the blame on the parents. Kids find the weirdest things to hurt themselves with even when their parents are careful. When my cousin was two, he put a flashlight through the roof of his mouth, and his parents are about the most careful people in the world. It's a terrible thing that happened, and my heart goes out to the family. Maybe the parents weren't attentive enough, maybe the company should make larger capsules in the future, maybe this wasn't really lawsuit material--we can't know. The poor boy got hurt and that's all there is to it.

So simmer down on the blaming, okay?
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prime_pm



Joined: 06 Feb 2004
Posts: 2337
Location: Your Mother's Bedroom
PostPosted: Wed May 21, 2008 3:30 pm Reply with quote
Is this going to turn into another Charles Darwin Natural Selection discussion?

Cause my brain's too fried for another one of these.
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hikaru004



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Wed May 21, 2008 3:35 pm Reply with quote
Well a slightly bigger container with holes in it could have solved/prevented Namco Bandai's legal problem. Just goes to show you that doing the minimum won't cut it anymore.

Last edited by hikaru004 on Wed May 21, 2008 3:36 pm; edited 1 time in total
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Richard J.



Joined: 11 Aug 2006
Posts: 3367
Location: Sic Semper Tyrannis.
PostPosted: Wed May 21, 2008 3:36 pm Reply with quote
So Bandai is in trouble for following safety standards that the court decided only after this happened weren't enough? I'm sure that the capsules are a choking hazard for anyone, child or not, but if they were up to the safety standards at that time, I find it a bit much to hold them responsible for the child's injuries.

I'm not saying put all the blame on the parents or whatever, though clearly a two-year-old isn't likely to be tossing 100 yen coins into machines without a little help, but punishing the company when they were in compliance with safety standards seems a tad wrong to me. (Damned if you follow the rules, damned it you don't I guess.)

Also, does Japan not have the same sort of "choking hazard, not for under 5" warnings on small plastic toys?
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hikaru004



Joined: 15 Mar 2004
Posts: 2306
PostPosted: Wed May 21, 2008 3:42 pm Reply with quote
Namco Bandai got off light. The family was asking for $1.7 million and only got $250,000. Since this case had tragic consequences involving a child, Namco Bandai was probably going to lose anyways.
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