A Massachusetts jury held Toys ‘R’ Us liable in the amount of $20.6 million for fatal injuries sustained on a Toyquest Banzai Falls pool slide it sold. The award went to the widower of a woman who died when the slide broke underneath her in an Andover, MA pool belonging to relatives.
When the end of the 6-foot high pool slide bottomed out underneath her, 29-year-old Robin Aleo hit her head on the side of the pool and suffered a broken neck. The accident left Robin Aleo a quadriplegic. She was taken off of life support. Plaintiffs in the wrongful death lawsuit argued that the Toyquest Banzai Falls slide from Toys ‘R’ Us did not meet government safety standards regarding pool slides.
Manufacturers have a legal duty to the buyers and users of their products to ensure that the products are safe and fit for their intended use. The Consumer Product Safety Commission (CPSC) set forth detailed safety standards regarding pool slides in 1976. These regulations were a response to the alarming increase in the number of emergency room visits caused by pool slide accidents from safety defects. These pool slide accidents resulted in serious injuries including paraplegia, quadriplegia, and death in many instances.
Although many pool slides are primarily intended for use by children, safety standards require that a pool slide be able to safely support a person weighing 300 pounds. Pool slide manufacturers can reasonably anticipate that both adults and obese people will use the pool slides when they want to enjoy a fun day at the pool.
The Banzai Falls waterslide is one of the inflatable water slides of the Banzai pool slide line. The Banzai Falls pool slide is about 18 feet long and 6 feet high. A “Sidewinder” version of the slide is even longer, and adds a curve to the equation.
Having seen how the degree of inflation and solidity can vary from moment to moment in all sorts of large, inflatable decorations and advertising structures, I would think that inflatable pool slides would present a particularly risky product line. A momentary hiccup in the power flow to the inflation regulator could cause a deadly, if momentary, weakness in the slide.
And what happens if someone weighing 301 pounds uses the slide? What if a mischievous person pricks the slide, causing a slow air leak or leaks? What if the power goes out while someone is on the slide? What if more than one heavy person goes down the slide at once? I’m sure that your average pool goer on a sunny afternoon does not stop to read any fine print warnings regarding weight limits. If they suffer injuries, they can consult with an attorney to seek recompense for their accident. But no amount of recompense can replace a healthy, uninjured body.
An inflatable pool slide seems to present extraordinary safety risks for the user – risks of just the sort that the CPSC regulations intended to prevent. Perhaps Banzai should reconsider the idea of tall, inflatable pool slides. Perhaps Toys ‘R’ Us and other vendors should reconsider selling the products.