Philadelphia Injury Attorney Blog

Recently, the U.S. Consumer Product Safety Commission (CPSC), WalMart, and Toys R Us recalled 21,000 inflatable pool slides.

Although the experienced Pennsylvania product liability lawyers of Reiff & Bily have long been aware of the dangers of inflatable pool slides and amusements, we would have preferred to have seen this recall come earlier as at least three have lost lives and serious injuries may have been prevented. The recall involves 21,000 Banzai inflatable pool water slides. WalMart Stores and Toys R Us have agreed to offer full refunds for all slides returned to them. The CPSC determined that the slides were defective as they could deflate suddenly, allowing the user to crash to the ground. The Commission also found that the slide was unstable and could topple over in both still and windy conditions.

In an October trial in Massachusetts, a $20.6 million dollar verdict was rendered against Toys R Us on behalf of a 29-year-old mother who was killed while using the inflatable pool slide when she bottomed out and struck her neck on the lip of the pool even though the slide was properly inflated and she was well below the stated weight limit. It was alleged that Toys R Us purchased 21,000 of the slides from a Chinese manufacturer and evidence was presented at trial that Toys R Us was aware that standards existed and never took any steps to determine whether or not the slide met applicable federal safety standards.

Hats off to all of the lawyers and experts involved in obtaining the large verdict against Toys R Us, which sheds light on the fact that product liability lawyers and their clients can bring about real change in consumer safety saving lives when other agencies, manufacturers, or distributors fail to step to the plate.

Every year as we approach Christmas, we are faced with a barrage of advertising on television, newspapers, and magazines for the latest children’s products and toys. As an experienced Pennsylvania defective product attorney for over three decades, I have unfortunately investigated and litigated claims involving unexpected tragic events that occur when a defectively manufactured or designed product including toys are sold.

As a responsible parent who is also active for many years as a “Santa Claus," I urge all of our readers to visit the website, CPSC Toy Hazard Recalls, before purchasing or giving a toy to your children or any loved ones. This wonderful website lists all toy hazard recalls from the U.S. Consumer Product Safety Commission and identifies such hazards as strangulation, choking, violations of lead paint standards, laceration hazards, suffocation, and violations of federal toy standards. In a tightened economy, many manufacturers and distributors of toys are taking short cuts and yes there are many toys on store shelves that violate federal safety standards for lead and chemicals called phthalates or present a choking hazard. Many toys that are too loud can also lead to hearing damage and many toys contain toxins which can cause irreversible brain damage. While I always hate to put a damper on the Christmas season, and I am frequently attacked by anti-lawyer groups or toy industry lobbyists, I will remain forever committed to consumer safety and the safety of our children.

I remember walking with my parents and as I grew older, walking with my friends on brisk Halloween evenings wearing a close fitting Halloween mask with only two small holes for breathing, I remember distinctly the warm condensation building up under the mask as I went door to door “trick or treating". What many parents never think of and should be on alert for is the risk of suffocation by your child under too tight a Halloween mask with spaces too small for proper and safe breathing. This risk can be even greater when children running with their friends up and down steps, doorway to doorway, exert themselves and the body has a greater need for oxygen.

Recently Target recalled thousands of frog theme Halloween masks citing just a suffocation risk. The U.S. Consumer Product Safety Commission issued a recall for children’s frog masks imported by Target Corporation citing that the plush frog mask lacked proper ventilation when secured in place across a child’s face presenting a suffocation hazard. Thankfully no injuries were reported at the time of the recall. The mask was manufactured in China and sold at Target stores nationwide from August 20 to September 2011 for approximately $1.00. Consumers have been advised to take the masks and return them to Target for a full refund.

I have read other blogs stating that you “get what you pay for". However as an experienced product liability attorney who has handled many dangerous and defective toy cases where children have choked or suffocated due to a loose part, I believe that safety rather than profitability should always be priority number one and if there is a risk of suffocation or hazard to a child, it doesn’t matter what you pay. The product simply should not be on the market.

If you have one of these masks, it is probably best to simply throw it out to avoid your child accidentally putting it on as chance favors the prepared mind. The experienced Pennsylvania child injury and defective toy and product liability law firm of Reiff and Bily have been steadfast consumer stalwarts for product safety for over three decades and always offer a free, no obligation consultation to victim’s and their families of those catastrophically injured or wrongfully killed due to the negligence of others or product liability defectively designed or defectively manufactured products.

For more information, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.