Fatal Inflatable Swimming Pool Slide Accident Results in $20 Million Verdict Against Toys R Us


May 08, 2013

As the end of the school year gets closer and the weather begins to heat up, kids and adults alike will soon be seeking relief, fun and recreation in swimming pools throughout Atlanta and the surrounding areas. Although swimming pools often provide hours of entertainment for kids, they also can be the site of significant injury and even fatalities in drowning accidents, diving board accidents, drain entrapment accidents, defective equipment accidents and more.

Because our Georgia personal injury attorneys at Montlick and Associates are committed to the safety of children, we urge parents to exercise vigilance when their kids enjoy public and private swimming pools.

A recent Massachussets jury verdict in the amount of $20 million against Toys R Us involving a tragic "Banzai"® pool slide accident indicates the diversity of risks posed by a body of water surrounded by concrete. The wrongful death lawsuit is based on fatal injuries caused to a young mom who climbed to the top of an inflatable six foot slide sold by Toys R Us. The mother of a 15-month-old baby suffered fatal injuries when the slide collapsed under her weight causing her to suffer a broken neck that would claim her life the following day.

While Toys R Us may not have manufactured the inflatable pool slide, a product liability claim permits a consumer injured by a defective product to seek compensation from anyone in the production and distribution chain including a retailer like Toys R Us. Despite the sad facts of this case, Toys R Us is seeking to have the jury verdict overturned by an appellate court on the grounds that Consumer Product Safety Commission regulations designed to promote pool slide safety should not apply to portable inflatable slides. The large toy retailer also contends that the $18 million awarded in punitive damages was "grossly excessive."

The legal rationale for the toy chain's argument that the regulation only applies to in-ground pool slides made from hard solid material like fiberglass is that inflatable pool slides did not exist in 1979 when the regulations were enacted. The family of the young mom successfully argued in the trial court that the federal safety standards govern all types of pool slides regardless of the materials from which the slide is constructed.

This case illustrates the way a complex issue regarding the scope of a regulation or other legal complexity can make a product liability lawsuit more complicated. These complexities are compounded by the industry specific experts and specialized knowledge needed to analyze the specific industry practices, product design and manufacturing process associated with a dangerous product.

Why Montlick & Associates?

Choosing an experienced law firm can make all the difference in getting you the best possible outcome for your case. For over 30 years, the experienced Georgia injury attorneys from Montlick & Associates have been helping families in Georgia and throughout the Southeast get the compensation and benefits they deserve after an accident. Montlick & Associates concentrates its practice on personal injury law, providing caring and high quality legal representation. In addition to its goal of being the best personal injury law firm in Georgia, Montlick & Associates is also dedicated to giving back to the community through the firm's extensive public service programs.

The firm was recently honored by the Georgia House of Representatives for its 30 years of service, with the passing of House Resolution 394, recognizing Montlick & Associates for "the outstanding accomplishments of this distinguished firm," and "for providing efficient, effective and dedicated services to the citizens of Georgia." The firm was also named the Most Patriotic Business of 2011 by the Association of the United States Army in Atlanta for its efforts to support the troops, and its CEO David R. Montlick received a Patriotism Award in 2012 for the Southeast. To learn more about the firm's award-winning public service programs, please visit Montlick.com/CommunityService.

The experienced Georgia Personal Injury Lawyers at Montlick and Associates are available to provide effective legal representation to clients throughout Georgia, including rural areas in the state and across the Southeast. No matter where you are located, the attorneys at Montlick & Associates are just a phone call away, and will even come to you. Call 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit online at www.montlick.com and use the firm's Free 24-hour Live Online Chat or Free Case Evaluation Form.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.