On July 20, 2010, seven-year-old Ariana McGuire and her twin sister were at the home of family friends when she was struck in the head with a metal-tipped arrow at close range. The arrow was shot by the nine-year-old son of the family friends. Against expectations, she survived, even though she suffered a stroke and an aneurysm.
McGuire’s parents filed a lawsuit, naming Dick’s Sporting Goods and the parents of the boy as defendants. They alleged that Dick’s violated New Jersey laws governing the sale of pointed or metal-tipped arrows, which they say can only be sold to persons with a valid New Jersey hunting license. A person must be at least 10 years old in New Jersey to obtain such a license.
The ruling from the court specifically addressed the right of attorneys for the girl to proceed to gather evidence to support their claim that Dick’s should be liable for punitive damages. The court agreed that they could seek such damages from Dick’s, but dismissed any such claims against the father of the boy.
McGuire’s attorneys say that, had Dick’s followed New Jersey law, the boy would not have been able to obtain the arrows, which he was using in a compound bow in the family’s yard. Attorneys sent an investigator to the same store with a 12-year-old boy and say the boy was able to buy the same style arrow without showing a valid hunting license.
Ariana’s parents estimate it will cost as much as $15 million to provide the medical care she will need during her lifetime.
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For a free initial consultation, contact attorney Howard D. Popper online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.
We take all personal injury claims on a contingency basis. We won’t charge attorney fees unless we recover compensation for your losses.