Trial Moves Forward in Child Arrow Injury Case

A New Jersey court has allowed a punitive damages claim against a national sporting goods chain to go to trial in an arrow injury case.

According to documents filed with the court, the defendant, Dick’s Sporting Goods, sold a metal-tipped arrow to a 9-year-old New Jersey boy. The boy shot the arrow while at a party at his parents’ house, striking 7-year-old Ariana McGuire in the head from close range. The girl suffered a stroke and an aneurysm, but survived.

McGuire’s parents subsequently filed a personal injury lawsuit, naming the boy’s parents and Dick’s as defendants. They alleged in their complaint that Dick’s sold the metal-tipped arrows to the boy in violation of New Jersey law, which only permits the sale of such arrows to persons possessing a valid New Jersey hunting license. Since the minimum age for obtaining a hunting license in New Jersey is 10, McGuire’s parents alleged that he could not legally purchase the arrows. They asked the court to award punitive damages and Dick’s argued that punitive damages were inappropriate.

In its ruling, the court said that McGuire’s attorneys could introduce evidence to support their claim that Dick’s was grossly negligent and should pay punitive damages. Attorneys for McGuire introduced evidence that they sent another youth in to Dick’s, a 12-year-old boy, who was also able to purchase metal-tipped arrows without showing a valid hunting license. The court dismissed the punitive damages claim against the boy’s parents, though.

Plaintiff’s attorneys argued that, had Dick’s not violated New Jersey law, the boy would not have had the metal-tipped arrows and the injury to McGuire could have been diminished or avoided. They say the anticipated costs of medical care during McGuire’s lifetime could reach$15 million.

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