In Philadelphia, parents purchased 3 ferrets that they contained in a canvas enclosure. When the mother left her infant unattended after a feeding the three ferrets escaped the enclosure and savagely attacked the infant. By the time the mother intervened, one or more of the ferrets had literally chewed the nose off the infant, leaving a visibly gaping sinus cavity, and had caused severe lacerations and punctures to the lips, cheeks, chin, and top of the head. The infant was rushed to the emergency room for surgery and nearly died from the injuries.
Although the infant survived, she experienced salient physical disfigurement that will result in years of multiple reconstructive and cosmetic surgeries, pain and suffering, and presently unknown psychological damages. Since the parents are unemployed, indigent, and subsist on government transfer programs, the court assigned a guardian ad litem to administer to the child’s legal needs. The guardian hired a top Philadelphia legal firm to address civil indemnification. Despite the parents’ negligence, they had no avenue to provide financial recovery for the child’s damages. The law firm consequently contacted CPT to consult in strategizing the case.
CPT provided research on ferret behavior, animal enclosures, and a history of similar ferret attacks. CPT’s work provided sufficient background to commence a product liability lawsuit against the big box retailer that sold the ferrets without warnings regarding the potential of ferrets to attack infants, especially immediately post a feeding, and against the manufacturer and distributor of the canvas enclosure that was insufficient to contain ferrets that have sharp teeth and that are known escape artists. Moreover, based on numerous consumer complaints, the specific enclosure may have had a defective zipper that the manufacturer failed to remedy.
The scientific research background of CPT’s Mark Spivak and his 1980’s experiences in high-tech manufacturing also proved helpful in designing a research methodology to test the physical impact of ferret teeth upon the zipper area and the canvas of the enclosure and in hiring appropriate mechanical engineers and materials scientists to conduct a customized product evaluation pertinent to the case. The case is ongoing.
