Promote Your Attorney Profile on Law.net - Get Found / Earn More!
Tim Scott Publicly Acknowledges His Sexuality
Tim Scott Publicly Acknowledges His Sexuality
Communist Party of China Looking for Better Legal System
Communist Party of China Looking for Better Legal System
Silicon Valley Company Busted for Wage Theft
Silicon Valley Company Busted for Wage Theft
‘Patent Trolls’ Losing Their Fight with Big Tech Companies
‘Patent Trolls’ Losing Their Fight with Big Tech Companies
Legal Job Listings

Toys R Us Appeals $20M Award for Killer Pool Slide

29 year-old Robin Aleo slid to her death in July 2006 when she used a 6-foot inflatable pool slide on her pool deck only for it to collapse at the last minute, slam her head into the concrete, and within a day cost her her life. The pool slide, which was incidentally made by “Banzai,” not to be confused with “Banzai!”, which was the cry of Japanese suicide squads in WW2, was purchased online from Toys R Us, and ruled in 2011 to be an illegal product. A jury awarded her husband Aleo $20.6 million in damages. Now Toys R Us is turning to Massachusetts’ highest court today to overturn the award.

$2.5 million was awarded in anticipation of losses from Aleo’s career in advertising and marketing, $100,000 for pain and suffering, and $18 million in punitive damages. Toys R Us called these punitive damages “grossly excessive.”

Toys R Us is basing their suit based on what they call an injustice of the first trial, that their slide was deemed illegal for not complying with a 1976 Consumer Product Safety Commission that was drafted before inflatable slides were on the market, and which they claim therefore should not make regulation standards for anything but rigid pool slides.

Get JD Journal in Your Mail
Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




Meanwhile, two other people have succumbed to injuries on the Banzai slide, including a man who thereafter became a quadriplegic, and a woman who broke her neck.

Benjamin Zimmerman, lawyer for the Aleo family, said that the slide was ordered from Amazon.com, came from China, and was “never tested. It carried no required certification that it had been so tested. Under the Federal Consumer Product Safety Commission standards and the Consumer Product Safety Act, products that come into the country without a certification that it’s been tested to its applicable standards, the sale of that kind of product is unlawful,” as the Huffington Post reported.

Toy Industry Association Inc., a 600 member trade group, disagrees and has filed a friend-of-the-court brief that vies for Toys R Us’s position.

“In any event, the safety hazard that plaintiff alleged – injury due to loss of air pressure – was not among the risks the Commission considered,” the group stated in their brief.

Toys R Us Appeals $20M Award for Killer Pool Slide by

Tagged: , , , , , ,

Daniel June Posted by on May 6, 2013. Filed under Business News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

 

 

Job of the Day
Employee Benefits Attorney / Consultant
USA-DC-Washington

  This premier consulting firm offers a good long-term opportunity with equity participation along with the best overall benefit plans of any national consulting firm.  They also offer an...

Related Posts: