There are two idiots in this post. The MA jury and the decedant. This award is unconscionable. What adult woman with an ounce of common sense goes down a children’s slide HEADFIRST into a pool?
Jester, you should consider reading the entire article, not just the extract from the Associated Press. We have a jury system – why do you hate America so much?
mmm, Speedo, I can’t speak for Jester … but our jury system SUCKS! And that’s not coming from a place of ‘hate’, but concern for the people who make up our country which is not in the best of shape right now.
So please, Speedo, don’t go head first down an inflatable pool slide – it’s dangerous. You could get a big ouchy.
Just because it’s on the shelf at the store, doesn’t make it ‘safe’. There IS an element of personal responsibility here. Also many facts that haven’t been mentioned…
The jury felt compelled to punish the retailer. I’ve seen juries in action and their punishment could speak volumes about neglectful behavior of the retailer – or simply the sympathetic demeanor of the widower and his young motherless child.
I suspect the latter.
Outrageous award. I’ll bet the host’s homeowner policy paid some liability too. I agree with you Dee, there is a personal responsibility; I’m reminded of the folks that chose to trim their hedges with a lawnmower. I’m sorry the lady died but seriously, $20M?
And, what about the manufacturer? Were they not responsible for making the inflatible slide in the first place? I don’t agree with the judgement at all. It is outrageous, but to pin it all on Toys R Us doesn’t make any sense either.
The plaintiff was 29 years old, married with a child. I have looked at all the Banzai slides I could find. First, they are inflatable children’s slides, made for the young. Second, I cannot find one of their products that would be suitable to put in or around a swimming pool. They are free standing slides with water features. Obviously this slide was not being used for its intended purpose or by its intended customer base. All that I looked at have warnings of “adult supervision required”. Most were recommended for children ages 5 to 15 depending on the size of the slide. I find this verdict to be ridiculous and unfair to Toys R Us. They simply sold the product. The are not required to police the use of it.
I’d be willing to bet that the useless warning sign on the slide was ignored by everyone involved. Speedo, it’s not America that Jester hates, it’s the jurys.
secretagentman, I find your comment really, really tasteless… this was a young mother who died (29 years old). I disagree with the verdict, and believe that she bears the personal responsibility of her actions (tragic as the outcome was). HOWEVER, I think making light the accident as you have in your comment is way out of line.
I would assume this jury was in a liberal pocket of Boston – oops, all of Mass is pretty much liberal. This verdict would have been different in Texas.
Given the choice between a jury of my so-called “peers”, and a judge, I’ll take the judge anyday. Juries currently, are unfortunately made up of those that meet the criteria of the lawyers involved in the case… and the lawyers like to avoid people that express a belief in personal responsibility/common sense.
The retailer was no doubt hit with the suit because the manufacturer is overseas, and has no US presense. Essentially, the retailer becomes the manufacturer for the purposes of compensation award. I’ll post 10 to 1 odds: the slide was made in China. How many of the toys sold in the US are made anywhere else anymore?
There are two idiots in this post. The MA jury and the decedant. This award is unconscionable. What adult woman with an ounce of common sense goes down a children’s slide HEADFIRST into a pool?
…one that’s drunk?
@Jester would you feel the same if the decedent had been 17yo?; 15yo?; 12yo?; 8yo?
My guess is ‘yes.’ since it was a children’s pool slide.
Jester, you should consider reading the entire article, not just the extract from the Associated Press. We have a jury system – why do you hate America so much?
mmm, Speedo, I can’t speak for Jester … but our jury system SUCKS! And that’s not coming from a place of ‘hate’, but concern for the people who make up our country which is not in the best of shape right now.
So please, Speedo, don’t go head first down an inflatable pool slide – it’s dangerous. You could get a big ouchy.
On all of the inflatable slides i have seen have warnings not to slide headfirst.
Just because it’s on the shelf at the store, doesn’t make it ‘safe’. There IS an element of personal responsibility here. Also many facts that haven’t been mentioned…
The jury felt compelled to punish the retailer. I’ve seen juries in action and their punishment could speak volumes about neglectful behavior of the retailer – or simply the sympathetic demeanor of the widower and his young motherless child.
I suspect the latter.
Outrageous award. I’ll bet the host’s homeowner policy paid some liability too. I agree with you Dee, there is a personal responsibility; I’m reminded of the folks that chose to trim their hedges with a lawnmower. I’m sorry the lady died but seriously, $20M?
And, what about the manufacturer? Were they not responsible for making the inflatible slide in the first place? I don’t agree with the judgement at all. It is outrageous, but to pin it all on Toys R Us doesn’t make any sense either.
The Jurors are NUTS! Is there NO personal responsibility left ?
The plaintiff was 29 years old, married with a child. I have looked at all the Banzai slides I could find. First, they are inflatable children’s slides, made for the young. Second, I cannot find one of their products that would be suitable to put in or around a swimming pool. They are free standing slides with water features. Obviously this slide was not being used for its intended purpose or by its intended customer base. All that I looked at have warnings of “adult supervision required”. Most were recommended for children ages 5 to 15 depending on the size of the slide. I find this verdict to be ridiculous and unfair to Toys R Us. They simply sold the product. The are not required to police the use of it.
I agree completely.
The award is ridiculous, and Toys R Us should definitely appeal.
And based on the research you presented–there’s a definite argument for causation and personal recklessness on the part of the decedant.
It would be interesting to see a court transcript to get the actual particulars of the trial.
I’d be willing to bet that the useless warning sign on the slide was ignored by everyone involved. Speedo, it’s not America that Jester hates, it’s the jurys.
I think I saw this one on America’s Funniest Home videos. Hopefully the family gets the $100,000 grand prize in addition to the $20 mil.
secretagentman, I find your comment really, really tasteless… this was a young mother who died (29 years old). I disagree with the verdict, and believe that she bears the personal responsibility of her actions (tragic as the outcome was). HOWEVER, I think making light the accident as you have in your comment is way out of line.
I would assume this jury was in a liberal pocket of Boston – oops, all of Mass is pretty much liberal. This verdict would have been different in Texas.
The point wasn’t to make the family rich. The point was to ensure that the manufacturer has an incentive not to sell unsafe products.
Given the choice between a jury of my so-called “peers”, and a judge, I’ll take the judge anyday. Juries currently, are unfortunately made up of those that meet the criteria of the lawyers involved in the case… and the lawyers like to avoid people that express a belief in personal responsibility/common sense.
Anthony: Ummmm, it wasn’t the manufacturer being punished here. It was the retailer.
Speedo: You have clearly had experience sliding head first down one of these inflatable slides. It shows in your writing skills, or lack thereof.
The retailer was no doubt hit with the suit because the manufacturer is overseas, and has no US presense. Essentially, the retailer becomes the manufacturer for the purposes of compensation award. I’ll post 10 to 1 odds: the slide was made in China. How many of the toys sold in the US are made anywhere else anymore?
Amen Caffiend :)