(Reuters) - About 21,000 inflatable water slides for in-ground pools are being recalled following the death of one woman, and severe injuries of others, when the Banzai slides deflated, the U.S. Consumer Product Safety Commission (CPSC) said on Thursday. Build & Buy Car Buying Service This image provided by the U.S. Consumer Product Safety Commission shows an advertisement for Banzai inflatable pool slides. Rather, the information on and in the Inflatable Slide's box indicates that anyone generally meeting limited age and weight limits may use the product for its ordinary use as an inflatable slide for in-ground pools. The recalled slides have the barcode number 2675315734 and model number 15734. Her neck was broken and she was paralyzed and unable to breathe, according to the Eagle-Tribune. and Toys R Us Inc., of Wayne, NJ are announcing the recall of about 21,000 inflatable Banzai in-ground pool water slides. For the reasons set forth below, Wal-Mart's Motion for Partial Summary Judgment is GRANTED. (Doc. The slide is also unstable and can topple over in both still and windy conditions and carries inadequate warnings and instructions. ( Id.). Mo. CPSC.gov is an official website of the United States government. A 24-year-old man became a quadriplegic after a similar incident and another woman fractured her neck. As warmer weather hits the nation, experts at Consumer Reports and CPSC warn consumers to place safety measures before opening their pool for the season. The style number is 3575 for 9-inch step stools and 3576 for 13-inch step stools. First Things to Do After a Car Accident in Virginia, In-ground Pool Slides Recalled Due To One Death, Several Injuries, Power Strips Recalled For Shock Risk VA Defective Product Recalls, Virginia Foodborne Illnesses and Holiday Food Preparation Tips, Over 50,000 2012 Honda Civics Recalled Due To Defective Drive Shafts, GM Recalls Almost 250,000 SUVs For Fire Risk In Power Locks/Windows. DETAILS: Salsa Cycles Minimalist bicycle racks made by Quality Bicycle Products Inc. sold after January 2011. The jackets are 100 percent polyester and were sold in Dillards stores nationwide from Sept. 2011 through Nov. 2011. WHY: The jacket of this jogging suit has a drawstring at the waist that could become snagged or caught in small spaces or vehicle doors and it poses an entanglement hazard. If youre heading to the pool this summer, be on the lookout for an inflatable water slide toy that federal authorities say can be deadly. If you or your child has been injured as a result of a defective product, you need the veteran defective product attorneys at Parrish Law Firm, PLLC to protect your rights as a consumer and get the financial restitution that you deserve. For additional information from Toys 'R' Us, call 1-800-869-7787 between 9 a.m. and 9 p.m. Here, Wal-Mart argues that no implied warranty of fitness for a particular purpose was created because Kochs and Camp Sonrise used the Inflatable Slide for its ordinary purpose, i.e., as an inflatable in-ground pool-slide. Rather, that the Inflatable Slide must be used in at least five (5) feet of water and by a person weighting less than two-hundred pounds (200 lbs.) A Warner Bros. ( Id. ), over the age of five (5), and able to swim in water deeper than five (5) feet. # 94). During use, the slide can deflate, allowing the user to hit the ground underneath the slide and become injured. The commission says both the barcode and model number appear on the original packaging but are not on the actual slide. Kochs cannot recall the name or gender of the Wal-Mart employee he claims he spoke with, but he recalls telling the Wal-Mart employee that Camp Sonrise's pool was concrete with fence around it, and that both "children and adults" would be using the Inflatable Slide. ( Id. The slide is also unstable and can topple over in both still and windy conditions and carries inadequate warnings and instructions. She died the following day at a Boston hospital. For these reasons, and those stated above, Wal-Mart's Motion for Partial Summary Judgment is GRANTED. and should be used in a pool that is at least five (5) feet deep. (Check the CPSC website, Pool Safely, for other pool safety tips.). Make your practice more effective and efficient with Casetexts legal research suite. FOR MORE: Call Kennedy International at 855-270-8301 or visit www.kennedy-intl.com. The deflation button can come unscrewed and result in loss of buoyancy, posing a drowning hazard. Deaths, injuries, and property damage from consumer product-related incidents cost the nation more than $1 trillion annually. Child Porn Guilty Plea Leads To Prison Term For Montco Man, Annual Kids' Fair At Elmwood Park Zoo Scheduled For Early August, Montco Man Charged With Delco Cellmate's Killing Is Committed, Federal Judge Dismisses Mask Lawsuit Against Montco School District, Jim's Steak Fire Caused By Electrical Wiring: Fire Officials, $1 Million Mega Millions Ticket Sold At 7-Eleven In Norristown, Gov. 2022 Parrish Law Firm - All Rights Reserved | DISCLAIMER | PRIVACY POLICY. In addition to other text, the box contained the following: "Minimum Pool Depth 5"; and "Waterslide Weight Limit 200lbs." According to the CPSC, there have been at least three cases where the recalled pool slides, designed for use with in-ground pools, have maimed or killed swimmers. Id. 56 addresses motions for summary judgment. # 124). report in the Merrimack Valley Eagle-Tribune, Reusable grocery bag carried nasty norovirus, scientists say, Beep! CPSC's work to ensure the safety of consumer products has contributed to a decline in the rate of injuries associated with consumer products over the past 50 years. Water is meant to be sprayed down the slides slope using a hose. The recalled slides, which were manufactured in China by Manley Toys, Ltd, were sold at Walmart and Toys 'R' Us nationwide from January 2005 through June 2009 for about $250. In the fatal incident involving the 29-year-old mother, the slide had been placed over the concrete edge of the pool. INCIDENTS: Seven reports of latches that detached from the bassinet frame. The CPSC and the retailers are aware of two other injuries which have occurred in a similar manner, including a 24-year-old man from Springfield, Mo. The words 'Banzai Splash' are printed in a circular blue, orange and white logo, shaped like a wave on either side of the slide. 21,000 inflatable pool slides have been recalled, Authorities say safety hazards led to mother's death, Consumer protection commission says slide can topple, doesn't carry warnings. For statistics on pool and spa fatalities, as well as helpful links to pool safety tips, click here. # 92-2). United States District Court, W.D. 2022 Cable News Network. Kochs wished to read the box to try and decide whether the Inflatable Slide was suitable for Camp Sonrise's needs. FOR MORE: Call YMI Jeanswear at 888-394-1398 or visit www.ymijeans.com. IE 11 is not supported. In another case, the pool slide defect resulted in a 24-year old male quadriplegic victim. FOR MORE: Call Sportspower at 888-965-0565, visit http://www.sportspowerltd.net/recall-bouncepro-14ft.html, or send an e-mail to customerservice(at)sportspowerltd.net. Grantham opposes. The U.S. Consumer Product Safety Commission says the slide can deflate during use. In one incident, a 29-year old mother died from a neck fracture, caused when she hit her head on the concrete floor beneath the collapsing slide. ET. In his deposition, Kochs testified that his main concern was that the pictures on the box showed the Inflatable Slide being used in an area with "a lot of grass" and how that affected the setup. For additional information from Toys R Us, call (800) 869-7787 between 9 a.m. and 9 p.m. Get Ratings on the go and compare while you shop, Consumer Reports News: May 10, 2012 12:38 PM, Privacy note: We won't use your friend's e-mail for anything other than sending this message. WHY: The drawstring poses a strangulation hazard to children. Other recalls this week include clothing with drawstrings and bar stools. Call CPSCs Hotline at 800-638-2772 (TTY 301-595-7054). Save thousands off MSRP with upfront dealer pricing information and a transparent car buying experience. Discovery Company. You need to do whats best for your family. Did you encounter any technical issues? The injuries included two back injuries and one fractured leg. WHY: The latches that attach the bassinet base onto the metal frame can appear locked in place but remain unlocked. Stat. ## 94, 95). The CPSC is aware that a 29-year-old Colorado mother died in Andover, Mass. 56(c). Why was President Biden talking about Utahs 2002 Winter Games at the White House? 1990). 4:08 PM EDT, Thu May 10, 2012. Therefore, Grantham argues, the warranty of fitness for a particular purpose that Kochs received from the unknown Wal-Mart employee was that the Inflatable Slide was also fit for the particular purpose of use as an in-ground pool-slide for adults. ( Id. FOR MORE: Call LA Fashion Hub at 800-919-1001 or e-mail the firm at lafashionhub(at)yahoo.com. WHY: The netting surrounding the trampolines can break. Toll-Free Consumer Hotline | Time: 8 a.m. - 5.30. p.m. Section 400.2-315 states: Comment 1 to 400.2-315, in part, states, "Whether or not this warranty arises in any individual case is basically a question of fact to be determined by the circumstances of the contracting." A recall of Banzai inflatable pool slides previously sold at Walmart and Toys R Us outlets has been announced by the Consumer Product Safety Commission. The recall involves about 21,000 slides sold nationwide for about $250 from January 2005 through June 2009. DETAILS: Sportspower BouncePro 14-foot trampolines sold at Wal-Mart Stores Inc. locations from February 2009 through February 2012. HOW MANY: About 1.6 million in the U.S. and 64,000 in Canada. The vinyl slides have a blue base, yellow sliding mat and an arch going over the top of the slide. The sweat shirts were sold under the brand name "YMI Jeanswear" and have a front zipper and a fur-lined hood with a drawstring stitched to each side. The recalled slides have the barcode number 2675315734 and model number 15734. The pool pump motors can overheat, posing a fire hazard. ET Monday through Saturday and between 10 a.m. and 7 p.m. Sunday, or go towww.toysrus.com. (Doc. ( Id. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. WHY: The folding step stools can break or collapse unexpectedly when in use. 29-year-old Colorado mother died in Andover, Mass. (Kochs Depo., 29:21-30:13; 31:3-4). The employee then allegedly told Kochs that the person he/she knew that had used the product had a similar pool design to the one Kochs had described, and the product "worked for them." You could play on it all day Saturday and then the kids go out on Sunday and get hurt, he said. All Rights Reserved. WASHINGTON, D.C. - In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Wal-Mart Stores Inc., of Bentonville, Ark. The pants are a solid color matching the jacket, which has a second color on the top of both sleeves and top portion of the jacket. Click Ok if you wish to continue to the website; otherwise, click Cancel to return to our site. Kochs testified in his deposition that nothing the Wal-Mart employee told him was different than the information contained on the Inflatable Slide box and in the instruction manual. DETAILS: O'Neill Pluto hooded flannel shirts IMPORTED BY La Jolla Sport USA Inc. and sold between September 2011 and December 2011. Kochs went to a Wal-Mart store to research the Inflatable Slide. You may wish to review the privacy policy of the external site as its information collection practices may differ from ours. Summary judgment should be granted if the "pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." The seat has a slatted backrest, curved armrests and is padded with a cream-colored cloth cushion. Wal-Mart Stores, Inc. and Toys R Us, Inc., have agreed to offer full refunds for the slides that are returned to them. Linking to this external site does not constitute an endorsement of the site or the information it contains by CPSC or any of its employees. 56. Its dangerous. The recalled vent kits installed on gas pool heaters are not the proper size and can allow carbon monoxide to leak, posing a CO poisoning hazard to consumers. Based on the information provided only on the box, which Kochs testified he read and relied on when making his purchase, one can gather that the Inflatable Slide has a maximum weight limit of two-hundred pounds (200 lbs.) DETAILS: "Goddess" hooded sweat shirts with drawstrings imported by LANY Group LLC sold between October 2011 and January 2012 at dd's discount stores. During a pool party on July 29, 2006, Aleo, the mother of an 18-month-old girl, climbed to the top of the 6-foot-high Banzai Falls slide and then started sliding down head first, according to areport in the Merrimack Valley Eagle-Tribune. Start your day with the top stories you missed while you were sleeping. The recalled bassinets were made from July 2008 through May 2010. Then he claims he spoke with an unknown Wal-Mart employee who Kochs testified told him no more than what he learned from the materials provided with the Inflatable slide. INCIDENTS: 17 reports of the net breaking, resulting in 11 injuries including broken bones, back and neck injuries, and contusions. Rev. The recalled slides have the barcode number 2675315734 and model number 15734. CDC reinstates mask recommendation for planes, trains, While U.S. hits new job quitting record, this man set his own record 84 years at the same company, The U.S. housing market is historically overvalued. Fed.R.Civ.P. (Docs. This allows the bassinet to become detached from the metal frame, posing an injury hazard to the infant inside. By signing up, you agree to our Privacy Notice and European users agree to the data transfer policy. http://www.sportspowerltd.net/recall-bouncepro-14ft.html, Fed raises interest rates by 0.5%, the highest rise since 2000, Here are the 14 inductees for the Rock & Roll Hall of Fame. Mo. 08-3466-CV-S-GAF (W.D. (Doc. DETAILS: YMI girls' hooded sweat shirts with drawstrings sold between December 2011 and January 2012 at dd's Discounts stores. indicates that anyone, young or old, able to safely swim in five (5) feet or more of water and weighing less than two-hundred pounds (200 lbs.) Kochs viewed and read the contents of the Inflatable Slide's box. The evidence presented demonstrates that no material issues of fact exist regarding Grantham's implied warranty claim against Wal-Mart. Just bring it back and youll get your money back.. 19, 2010). The commission says its also aware of a woman from Allentown, Pennsylvania, who suffered a fractured neck while using the slide. After investigating the death of a 29-year-old woman and severe injuries in two other consumers, the U.S. Consumer Product Safety Commission has recalled 21,000 inflatable Banzai in-ground pool water slides. The woman had fractured her neck after hitting her head at the bottom of the slide, which had partially deflated, according to a statement from CPSC, which announced the recall with Wal-Mart Stores and Toys R Us Inc. During use, the slides can deflate, allowing the user to hit the ground underneath the slide and become injured, CPSC said. The slides, made in China by Manley Toys, Ltd., and emblazoned with the words Banzai Splash, were designed to be placed over the edge of in-ground swimming pools, which are generally made of concrete. DETAILS: Class Club Children's Letterman Jackets. Editing by Bernadette Baum. Copyright 2022 Deseret News Publishing Company. More specifically, the Court stated that "the key inquiry is not whether anyone else can be found who puts the goods to the same use, but whether the buyer's use is sufficiently different from the customary use of the goods to make it not an ordinary use of the goods." The vinyl slides have a blue base, yellow sliding mat and an arch going over the top of the slide. The recall involves Banzai in-ground pool water slides designed for use with in-ground pools. It becomes a water slide when a garden hose is connected to the top of the chute, CPSC said. Comment 2 to 400.2-315 aims to clarify the term "particular purpose," saying, in part: The Eighth Circuit has explained that the intended use need not be one-of-a-kind to meet the particularity requirements of 400.2-315. The commission is urging consumers to immediately stop using the slide and return it to the place of purchase. The agency also says the slide is unstable, can topple over and carries inadequate warnings and instructions. By connecting a hose to the top of the slide, water can be sprayed on its downward slope. Subscribe to Patch's new newsletter to be the first to know about open houses, new listings and more. The victim hit her head at the bottom of the slide because it had partially deflated. This was the purpose for which Kochs and Camp Sonrise purchased the Inflatable Slide, and no implied warranty of fitness for any other particular purpose was created. Your effort and contribution in providing this feedback is much FOR MORE: Call Supreme Trading Limited at 866-466-3523 or visit www.dillards.com. CPSC does not control this external site or its privacy policy and cannot attest to the accuracy of the information it contains. at 39:24-40:6). (Deposition of Justin Kochs ("Kochs Depo. CPSC urges consumers to immediately stop using the product and return it to the nearest Walmart or Toys R Us for a full refund. Reporting by Barbara Goldberg. The victim hit her head at the bottom of the slide because it had partially deflated. Finally, the safety instructions included in the Inflatable Slide's box, in part, stated, "do not allow any children under the age of five to use the slide to avoid the risk of serious injury, death or drowning." who became a quadriplegic and a woman from Allentown, Pa. who fractured her neck. The Court will not draw arbitrary distinctions between use by children and use by adults where there is no evidence to suggest such distinctions are, in any way, relevant or warranted.