Table of contents
- Latest Lawn Darts Lawsuit Updates
- August 12, 2020: CPSC and Crown Darts UK Warn Consumers
- December 19, 1988: Federal Lawn Dart Ban Takes Effect
- May 25, 1988: CPSC Votes to Ban Lawn Darts
- March 30, 1988: Sears Agrees to Stop Selling Lawn Darts
- March 2, 1988: CPSC Staff Told to Draft a Rule
- October 20, 1987: CPSC Publishes First Notice on Lawn Darts
- What Are Lawn Darts?
- Who May Be Affected?
- Reported Injuries or Damages
- Recall and Regulatory Background
- Evidence to Preserve
- Filing Deadlines
- Frequently Asked Questions
- When Were Lawn Darts Banned in the United States?
- Who Can Be Held Liable in a Lawn Darts Lawsuit?
- Were Lawn Darts Sold in Canada?
- What Does the Research Say About Lawn Dart Injuries?
- Are Toy Lawn Darts Covered by the Ban?
- Where Can I Report a Problem with Lawn Darts?
Lawn darts, also sold as Jarts, caused skull puncture injuries, mostly to children. CPSC counts three child deaths in lawn dart incidents, at ages 4, 7 and 13.
Federal rule 16 CFR part 1306 has banned them since December 19, 1988. No lawsuit, class action or MDL over lawn darts is pending. The official actions are the ban and the 1988 CPSC enforcement suits.
A CPSC notice of August 12, 2020 covered Crown Darts UK sets. Stop using any Crown Darts UK sets you own and dispose of them.
Latest Lawn Darts Lawsuit Updates
August 12, 2020: CPSC and Crown Darts UK Warn Consumers
The U.S. Consumer Product Safety Commission (CPSC) and Crown Darts UK warned consumers to stop using and dispose of banned lawn dart sets. About 19,400 darts were sold in the United States [1].
The firm was unable to conduct the recall, which carries recall number 20-163. The U.S. bans these darts because of serious risks of skull punctures.
December 19, 1988: Federal Lawn Dart Ban Takes Effect
The federal lawn dart ban took effect under 16 CFR part 1306 on December 19, 1988. The rule applies to all lawn darts in the chain of distribution on or after that date [2].
The rule aims to prohibit the sale of lawn darts, which were found to present an unreasonable risk of skull puncture injuries to children.
May 25, 1988: CPSC Votes to Ban Lawn Darts
CPSC voted 2 to 1 to ban lawn darts capable of causing skull punctures [3]. Chairman Terrence Scanlon and Commissioner Anne Graham approved the ban.
Commissioner Carol Dawson voted against it. The vote ended a rulemaking that began in 1987, when CPSC first warned of a possible ban.
March 30, 1988: Sears Agrees to Stop Selling Lawn Darts
CPSC entered a consent decree with Sears, Roebuck and Company, which agreed to stop selling lawn darts in all its U.S. outlets. The release says Sears was one of several defendants in the CPSC case.
March 2, 1988: CPSC Staff Told to Draft a Rule
The Commission directed CPSC staff to prepare a Notice of Proposed Rulemaking on lawn darts, the step that followed CPSC’s advance notice of October 1987.
October 20, 1987: CPSC Publishes First Notice on Lawn Darts
CPSC published an advance notice about possible rules for lawn darts. It warned that CPSC might require five labeling and marketing actions or ban the sale of lawn darts.
What Are Lawn Darts?
CPSC says hazardous lawn darts are banned. 16 C.F.R. part 1306 prohibits lawn darts with elongated tips. They are intended for outdoor use and designed to contact the ground tip first [4].
Lawn darts are also sold as Jarts, and the Crown Darts UK sets named in the 2020 notice are lawn darts of this type.
Who May Be Affected?
Children are the people most often hurt by lawn darts. CPSC’s 1988 ban-vote release reports that three quarters of those injured are under 15 years old.
The ban covers any lawn darts still sold after December 19, 1988. Crown Darts UK sets were sold online from May 2004 through June 2020 for between $15 and $139.
A person hurt by a banned set sold in that period matches this description. Whether a particular injury supports a claim is something only an individual legal review can answer.
Reported Injuries or Damages
CPSC reports skull puncture injuries and deaths from lawn darts, mostly to children. In the same release, CPSC says three children, ages 4, 7 and 13, are known to have died in lawn dart-related incidents.
CPSC also estimated that 670 lawn dart injuries are treated each year in U.S. hospital emergency rooms. These are regulator figures from 1988, not allegations in a court.
In 1987, David Snow’s 7-year-old daughter Michelle died from a lawn dart in Riverside, California. Mental Floss reports her father then campaigned for a ban [5]. No injuries were reported for the 2020 Crown Darts UK sets.
Recall and Regulatory Background
The Crown Darts UK sets came as 2, 4 and 5 player sets with 4, 8 and 10 darts plus spare darts.
In 1988 a federal court entered a consent decree in the CPSC case against Menard, Inc. [6]. Menard agreed to give CPSC a sample of lawn darts from every shipment it proposed to sell.
Evidence to Preserve
If a lawn dart or a banned dart set caused an injury, keep these items:
- The dart set and its packaging, kept and not discarded
- Where and when the darts were bought, such as a receipt, order confirmation, seller name and web address
- Photographs of the darts, the scene and the injury
- Medical and hospital records and bills
- Names of any witnesses
- Messages with the seller
- Any CPSC notice you received
Filing Deadlines
Filing deadlines come from state law. They vary with where you live and with when the injury and its diagnosis happened. If the time limit passes, a lawn dart claim can end, even with strong facts.
Anyone hurt by a lawn dart should check with a lawyer promptly. Do not wait until receipts and records are hard to find.
Frequently Asked Questions
When Were Lawn Darts Banned in the United States?
Lawn darts were banned in the United States in 1988. Before that, FDA regulations adopted in 1970 barred their sale in toy stores and toy departments and required precautionary labeling.
Who Can Be Held Liable in a Lawn Darts Lawsuit?
Who can be held liable in a lawn darts lawsuit depends on the facts. In the Menard case, CPSC alleged the stores sold lawn darts without required warning labels and near toys. A consent decree settled that claim, so it is not a finding of liability.
Were Lawn Darts Sold in Canada?
Lawn darts were sold in Canada by Crown Darts UK, about 4,048 darts according to the CPSC notice. Those sets were also sold in the United States, and the firm was unable to conduct a recall.
What Does the Research Say About Lawn Dart Injuries?
The research on lawn dart injuries comes from CPSC. Commissioner Anne Graham stated that from January 1978 to December 1986, lawn darts caused an estimated 6,100 emergency-room treated injuries. About 81% of victims were under 15, and 50% were under ten.
Are Toy Lawn Darts Covered by the Ban?
Toy lawn darts fall under a different rule. Under 16 CFR 1306.1(b), lawn darts intended for use by children are not covered by part 1306. They are banned under the Federal Hazardous Substances Act at 16 CFR 1500.18(a)(4).
Where Can I Report a Problem with Lawn Darts?
You can report a problem with lawn darts to CPSC. The agency’s hotline for the Crown Darts UK notice is 800-638-2772. When you call, mention recall number 20-163, which identifies that notice and the sets it covers.