Not much going on in the jarts world in November.  I'm still trying to buy up jarts off the internet.  I did just get a set of Black and White ones with a metal case to hold them.  These will be the new championship game jarts.  One interesting thing that occurred this month was a little confrontation with an attorney via e-mail.  He found the website and got a hold of me that way.  Here is how the conversation went (I took out all information about the guy - attorneys scare me):

----- Original Message -----

From: PM

To: sdavis@ohiobenefitgroup.com

Sent: Wednesday, November 24, 1999 12:52 AM

Subject: Jarts

I am an attorney in  Ohio. I am trying to find out what companies may have manufactured jarts or lawn darts in the past. I represent the family of a seven year old boy who was playing in a neighbor's yard. the neighborhood kids were playing with a set of lawn darts and my client's son had one pierce his skull. He had surgery to remove half his skull cap so that bone fragments could be cleaned out. altogether a very scary situation.

Anyhow, I do not really want to rain on your parade. I just want some information so that I might seek some compensation for this poor family. If you have lawn darts, I would really appreciate a return e-mail listing whatever manufacturing, serial number or whatever information you can muster from the darts or their packaging.

Thank you,

PM

----- Original Message -----

From: Shane Davis

To: PM

Sent: Wednesday, November 24, 1999 8:50 AM

Subject: Re: Jarts

Dear PM:

I have jarts from several different companies - Jarts, Co., Regent, Kent & Crown. However, I don't know any more information about these companies except that they are no longer in business. In 1988, the government banned the sale and use of jarts. They put out a statement telling everyone to destroy their jarts if they have them.

I'm no attorney, but does it make sense to go after the companies? Do you sue a gun company when someone is shot? No, you sue the irresponsible owner of the gun. I know that I am making a strong statement against myself, a jart owner. However, just like with anything that is dangerous, I have to take responsibility. My jarts come out for our tournament only. No children touch them, and when we are done, they go back to their hiding spot. In addition, before the tournament everyone signs a piece of paper stating that they know how dangerous lawn jarts are, they are responsible for playing and that they aren't going to sue me if they get hurt.

I hope that I was able to supply you with the information you needed. I know you weren't asking for my two cents worth, but I obviously have very strong feelings on this matter.

Sincerely.

----- Original Message -----

From:  PM

To: Shane Davis

Sent: Wednesday, November 24, 1999 3:32 PM

Subject: Re: Jarts

Mr. Davis,

Your response is truly appreciated. I have also discovered from the CPSC that Franklin Sporting Goods manufactured lawn darts. I agree with your analysis that the owner of the lawn dart has some responsibility. I do not think that the darts are illegal to possess or use, the only prescription available was to limit their sale. I intend, however, to make a claim against the homeowner's policy of the parent who left the darts available to the neighborhood children. I do believe that there was a serious lapse in common sense and judgment in this case.

Ohio law provides for strict liability against product manufacturers where the product that is manufactured or sold is defective. One theory of defect is that the product is more dangerous than an expected user might appreciate. There is no doubt in my mind that these darts are no more dangerous than an archer's arrow or a hunter's gun or knife. The difference is that they are designed and were marketed like toys. Their colors and appearance are designed not to entice you, but to entice children. To that extent, I believe that they are defective.

Thanks again for your help.

PM

 

I guess he has a pretty good point, but I still can't stand when people are careless and point their finger at someone else.   That child will probably always blame someone else for his and his parents lack of responsibility.  Oh well, here I go again.  Hope everyone enjoy's the holidays.