Articles Posted in Swimming Pool Accidents

lifebuoy

Tips for swimming safely in Massachusetts pools, lakes and ponds and ocean beaches.

We wish our friends, families and colleagues a wonderful Fourth of July holiday week. Whether you enjoy the fireworks in Boston or travel to Cape Cod, we hope you enjoy a more leisurely pace, some good BBQ and a little time in the water. But before you swim, we urge you to remember the rules of water safety at all times.

Ten people die in unintentional drownings each day in the U.S., according to the Centers for Disease Control and Prevention (CDC). While young children suffer a high number of drowning deaths, swimmers of all ages are at risk during the holiday week and summer months, when we spend more time near the water. This is partly because of our water skills – many of us can’t swim or we overestimate our abilities. According to the American Red Cross, 80 percent of Americans claim they can swim, but just 56 percent can actually perform the five basic water competency skills.

Alcohol consumption also tends to rise during celebrations and gatherings. Alcohol consumption can interfere with one’s ability to interpret their surroundings and respond in any setting, but especially in extreme heat. Near the water, alcohol is particularly potent, factoring into up to 70 percent of deaths associated with water recreation, according to the CDC.

Swimming Pool Safety

Pools should be protected by four-sided fencing which stands at least four feet tall. Doors should be self-closing and self-latching. If you are a parent, avoid visiting homes with inadequate fencing because this is the first and most important line of defense in protecting your child against drowning.

Pools should also have anti-entrapment drain covers and safety release systems to protect children from drain entrapment. Ask pool owners where the drains are before you swim.

Watch children closely. Commit to avoiding distractions such as cell phones, conversation or grilling.

In general, beware of any activity which encourages you to move your gaze up, down or away from the pool. If a child is struggling in the water, they need an immediate response and they cannot call out to you if they are starting to drown.

Never consume alcohol at the pool.

Swim with young children and keep them within arm’s reach.

When using an unfamiliar pool, take a test swim on your own without your child.

Walk into a pool using steps or a ladder, rather than diving.

When you are done swimming, if you have young children, leave the pool area and make sure it’s properly secured.

Water Safety in Lakes and Ponds

If you are swimming, look for a public or private beach staffed by lifeguards.

Adults and children should wear life jackets when in lakes and ponds, on a boat or a dock.

Do not consume alcohol at the lake or pond.

Always swim with a friend or family member.

Closely supervise young children to prevent drownings. At lakes and ponds, there are more elements to consider, including shifting sand and dark water.

Enter the water feet first from a beach or other areas marked as safe entrances.

Only dive in areas which are clearly marked as safe for diving. Jumping in feet first is safer.

Never dive from bridges or boats.

Be responsive to water and weather conditions. Leave the water immediately when there is thunder and lightning.

Pay attention to boats, personal watercraft and other swimmers on the pond which could interfere with your ability to swim safely.

Water Safety at the Ocean

Do not expect your family to be ready for the beach just because they have experience in a swimming pool or even a lake or pond. The ocean is much more challenging and unpredictable.

Choose beaches staffed by lifeguards. In addition to responding to emergencies, lifeguards can share information about water conditions, such as the tide schedule, vegetation, marine animals and fish.

Just like every lake and pond, remember every beach has different conditions.

Swim with young children.

Never swim alone; swim with a buddy.

Learn how to identify a rip tide and how to respond. According to the American Red Cross, swimmers are advised to swim parallel to the shore line until they are free from the rip tide. When swimmers can’t do this, they can attempt to  just float and tread water until they have moved out of the rip tide.

Leave the water immediately if you hear thunder or see lighting. You should also head back to shore if you are traveling in a boat. If you can’t return to shore, lie in the bottom of the boat or shelter in the cabin if you can.

About Breakstone, White & Gluck

The Boston personal injury lawyers at Breakstone, White & Gluck are committed to providing clients with aggressive and thorough representation. We represent clients in all types of personal injury cases, including car accidents, bicycle accidents, pedestrian accidents, dog bites, swimming pool injuries and premises liability cases. For a free legal consultation, contact us today at 800-379-1244 or 617-723-7676 or use our contact form.

Continue reading

Mother and child in a swimming poolEach year, families head into summer, hoping for fun in Massachusetts. No one expects tragedy in the backyard swimming pool. But each year, children suffer drownings and near drownings. Drowning is a leading cause of death among young children in Massachusetts and across the U.S. Young children ages 1 to 4 face the highest risk, followed by older children and teens between the ages 10 and 19, according to the American Academy of Pediatrics (AAP).

Breakstone, White & Gluck, a Boston personal injury law firm, encourages parents and property owners to prepare for the swim season. By acting now, before the temperature rises, property owners and parents can minimize the risk of drowning and injury this summer.

For Pool Owners

Secure Pool Fencing
Pool owners have a responsibility to secure their pools with a strong durable fence. This is your legal responsibility and one of the most important steps you can take to prevent a child from a swimming pool drowning. The Consumer Product Safety Commission recommends pool owners install a four-sided fence with a self-closing latch around all pools and spas. The fence must be at least 4 feet tall in Massachusetts and must meet certain requirements for vertical clearance and width for fence openings. Read our past blog on pool fencing  or check out this guide on a local community’s website.

If you own a pool, consider adding some additional fencing, shrubs or a planter – or several blocking access to your pool door and fence. This is called a “layers of protection” strategy and the goal is to slow children down so an adult can intervene.

Inspect Your Pool Regularly
Make it a habit to walk outside and inspect your pool daily during the summer months.

Pool Alarms
Consider purchasing a pool alarm to monitor your pool area. There are different types of alarms so do your research and select the best for your needs. But remember, a pool alarm is a supplement to your strong fencing and regularly inspecting your pool. 

Drains
Pool owners should regularly maintain drain systems and ensure they work properly. Spas should be covered and locked when out of use. Children should never wear loose accessories into the pool.

For Parents

Swimming Lessons
Parents who sign children up for swim lessons give them an advantage. Formal swimming lessons reduce the likelihood of childhood drowning by 88 percent, according to the USA Swimming Foundation. The American Academy of Pediatrics advises that swim lessons are beneficial for children around age 1 and older.

Supervision: Always Watch and Avoid Distractions
Parents should swim with younger children, practicing “touch supervision.” Keep them within your reach at all times on the shallow end. Even if you are not in the pool with them, still closely watch other children and teens carefully at all times.

Keep conversation with other adults at a minimum when watching children swim. Also set aside all distractions, such as cell phones. It takes much longer than you may realize to “quickly” check your cell phone, e-mail or social media accounts. In that time, a child could drown right in front of you, quickly and silently struggling.

If you are a pool owner and have guests over, be just as vigilant in watching children swim. Try inviting over small groups – just a child or two – to enjoy your pool to keep the visit manageable.

Supervision: The Danger of “Non-Swim Time”
Learn more about the dangers of “non-swim time.” Bode Miller and his wife Morgan have recently discussed this and it’s an important term for both parents and pool owners.

The Millers tragically lost their 19-month-old daughter last year when she drowned in a neighbor’s backyard swimming pool. The child had been in the house with her mother, siblings and other adults.

”Without it being an actual swim time, my awareness and my intensity around protecting her from water was let down,” Morgan Miller said in an interview posted on the American Academy of Pediatrics (AAP) YouTube channel. 

The Millers also recorded this public service announcement for the AAP.

About Breakstone, White & Gluck
Breakstone, White & Gluck is a Boston personal injury law firm. We are committed to promoting safety for children and families through our Project KidSafe campaign. We encourage parents and caretakers to supervise children by the pool and near pools this summer. We also remind property owners that they have a legal responsibility to keep a safe pool area so no one is injured. Learn more about Breakstone, White & Gluck on our website.

Continue reading

Baby swimming lesson

A media report explores whether swim lessons actually reduce the risk of injury. The American Academy of Pediatrics (AAP) says children should not start lessons until age 1. Previously, the AAP’s recommendation was not before age 4.

Swimming lessons have certainly changed over the years. Parents are signing children up earlier, as young as 6 months old, to get them used to the water. A recent WBUR report explored whether this is all for fun or if children in today’s swim lessons are actually learning enough to reduce their risk of drowning.

As a parent, ask your child’s swim instructor about their goals. Experts interviewed by WBUR said the goal should be water survival and broader pool safety skills.

swimming poolYour swimming pool is your backyard oasis, a fun and refreshing place to beat the heat. To keep children and others safe this summer, we urge Massachusetts property owners to secure and properly maintain pools at all times. Take these steps now to help prevent injuries and drownings:

Secure your pool. In Massachusetts, pool owners are required to have fencing which stands at least 48 inches tall. Openings in the fence must be less than 4 inches in diameter. All doors to pool areas must have self-latching and self-closing devices. Homes with doors which open into the pool area must use pool alarms.

Walk around your pool fence now to look for areas which have been damaged. Make repairs right away.

little girl swimming in poolBy now, many children are ready to trade in school days for pool days. Who can blame them? Summer in New England is the best time of year.

For parents, grandparents and caregivers, the transition to summer comes with responsibilities. Talk to each other and your children about the rules for pool safety now. Make your plan for watching children and keeping them safe. 

This is the most important of all planning. Drowning can occur quickly and silently, within a matter of seconds. Drowning is a leading cause of injury death for young children ages 1-14, claiming the lives of three children every day in the U.S., according to the Centers for Disease Control and Prevention (CDC). There are others who survive but are left with severe brain damage and long-term disabilities.

Make sure your family is ready for the pool:

  • Pool Fence and Lock. If you have a pool of your own, there are state requirements you must meet. First, your pool fence should be at least four feet tall and be self-closing and self-latching. It must open outward. Read more tips on keeping a safe pool fence.
  • Pool Alarm. Another idea is a pool alarm that notifies you about activity near your pool. A pool alarm is required for pools that are surrounded by three walls of fencing and a house serves as the fourth.
  • Layers of Protection. Think how you can slow down young children heading to your pool, beyond just your pool fence. You could add an extra lock, an extra fence or shrubs.
  • Never Leave a Child Unattended In or Near Water. Supervising your child in the pool is your most important job this summer. Bring your cell phone to the pool in case of emergency, but set it aside and focus solely on your child. Buy a watch you can keep with you at the pool to check the time.
  • Watch for Fatigue. Make sure your child does not become tired and vulnerable to drowning or injuries. Take a few minutes of rest or leave the pool for a while.
  • Swim With Your Child. For young children, keep them in your arms and just let them get exposed to the water. As they get a few years older, you can practice “touch supervision” with them, where they are never more than an arm’s length away. Put a life jacket on young children who do not know how to swim.
  • Swim Lessons. Sign your kids up for swim lessons so they are familiar with the water and learn the important life-saving skills they need to protect themselves. At the same time, sign yourself up for a CPR training course.
  • Baby Pools. Empty and turn over baby pools after use. If you don’t, a young child could easily climb and fall in.
  • Inspect Pool Area. If you have a home pool, glance around. Is the fence in good condition? Is there any glass out (glass bottles or even glass furniture) that could break and cut someone? Also look for broken equipment, such as pool ladders. Make it a practice to walk around the entire pool area at the end of each day and remove any hazards. 
  • Keep Away from Pool Drains. Keep children away from all pool drains, pipes and other openings to avoid entrapments. Make sure your children are not wearing any loose jewelry, hair accessories or clothing that could get caught in a pool drain.
  • Diving Boards and Slides. Diving boards and slides cause a large number of swimming pool injuries. Do not install them and consider uninstalling them to make your pool safer. If you have them, make sure you have the recommended level of water in your pool to support them. Put out traffic cones around them and tell kids they are only for certain times, such as when you have more adults at the pool.
  • Friends’ Pools. If you drop your child off at a friend’s house, always ask if the family has a pool that is fenced off and look around at neighbors’ homes. Tell the parents who are supervising your child that you prefer the kids play in the sprinkler when you are not there.

Continue reading

pool-child-reaching-over-200.jpg

As a pool owner, you have a responsibility to secure your pool with a strong, adequate fence. Many property owners do so because it is the law and to prevent neighborhood children or trespassers from breaking in. But they may have a false security when it comes to friends, families and young children they invite over.

Many pool accidents and drownings actually involve invited guests, people we may know well and have over regularly. Let them enjoy your home, but block unrestricted and unsupervised access to your pool.

The Consumer Product Safety Commission (CPSC) conducted a survey of swimming pool accidents in Arizona, California and Florida. Data showed drowning was the leading cause of accidental death in and around the home for children under age 5. Most of these children – 75 percent – were between 1 and 3 years old.

Fewer than two percent of pool accidents resulted from children trespassing on the property. More often, children knew the pool owner, with 65 percent of accidents occurring in pools owned by an immediate family member. Another 33 percent happened in pools owned by relatives and friends.

More telling is what happened before these accidents:

  • Most of the children were being supervised by at least one parent when they drowned
  • Nearly half of the children were last seen in the house before the pool accident occurred
  • Another 23 percent were last seen on the porch or patio, or in the yard
  • Some 77 percent of children had been missing for 5 minutes or less when they were found

Adding an extra layer of fencing may make a difference in preventing these accidents.

Pool Fence Recommendations

Self-Closing. A pool fence should be self-closing and self-latching. It should open from the pool side and should be maintained so it can easily latch.

Fence Height. A pool fence should be at least four feet tall and four feet above the grade of the ground outside the fence.

Release Mechanism. You want to prevent children from reaching the latch. When the release mechanism is less than 54 inches above the grade, the release mechanism for the gate should be at least 3 inches below the top of the gate and installed on the side facing the pool. Also, make sure there is no opening greater than ½ inch within 18 inches of the latch release mechanism.

Bottom of the Fence. If your fence stands on a concrete surface, the clearance between the bottom of the fence and the ground should not exceed four inches. For fences on softer surfaces, such as grass, the maximum clearance is two inches.

Fence Spacing. The space between the vertical fence slats should not exceed four inches.

Chain Link Fences. For chain-link fences, the diamond-shaped openings should be no larger than 1 ¾ inches.

Decorative Fences. Fencing with decorative openings should follow the same standard as chain link fences and not exceed 1 ¾ inch.

Backyard Doors. Massachusetts requires pool alarms when doors from a home open into a pool enclosure area. For instance, if there are three sides of fencing around the pool and the home serves as the fourth side.

Pool Alarms. Purchase a pool alarm even if you are not required to by law. Pool drownings happen quickly and often silently. A pool alarm interrupts that process and provides you warning if someone is entering the gate.

Above Ground Pools. For above ground pools, build a fence on top of the structure as a barrier. Remove or lock the pool ladder when not in use. For another layer of protection, you can also add a fencing structure around the ladder and lock that when not in use.

Pool Covers. Consider a power pool safety cover to add another layer of protection. Purchase one which conforms to the specifications in ASTMF 1346-91.

Related:
Safety Barrier Guidelines for Home Pools, Consumer Product Safety Commission Continue reading

The long and lazy days of summer are finally here and many of us are spending them by the pool. We hope you enjoy these times with your friends and family. And please remember to think about safety.

Each year in the U.S., nearly 5,000 children under age 15 are treated for pool- or spa-related injuries at hospital emergency rooms, according to the Consumer Product Safety Commission (CPSC). Nearly 400 children under age 15 are killed in swimming pool and spa drownings. More than 75 percent of these children are under the age of 5 and the majority of these deaths occur at private residences. But injuries can happen at any pool where someone stops paying attention or is negligent, including hotel swimming pools, community centers and other places.

Prevent injuries this summer by talking about the rules of safety with your family and friends.

Pool Owners. You have a responsibility to keep your pool area safe for family and invited guests and to secure it from others. You must keep your pool behind a fence which is at least four feet tall and secures with a self-latching and self-closing gate. But we encourage you to go a step further. Try walking around your fenced-in pool area. Are there areas where a young child could easily get in on their own? If so, make adjustments.

If you have questions, a good resource is your town’s local building department.

Drain Covers. Keep children away from pool drains, pipes and other openings which could cause entrapment.

Home Spa Safety. If you have a home spa, install and use a child-proof locked safety cover to keep children out.

family-swimming-in-pool.jpg

Watch Children Closely. Before the swimming season, learn CPR. Then when you head to the pool, set aside all distractions and watch the children. Avoid distractions such as reading, cell phone calls, and texting–supervision should be treated like a job.

When supervising young children, swim with them and practice “touch supervision.” For older children, watch them and be involved with them even if you are not swimming. Talk to them and let them know if they are doing something they should not be. If you are part of a group of adults watching children swim, designate someone the “pool watcher” so that the children are supervised at all times. But still supervise your own children at all times.

Likewise, at hotel and community pools, do not rely on lifeguards to watch your children.

Dress Children Appropriately. Make sure children are not wearing swimming suits or hair accessories that can get caught in pool drains or other openings.

young-girl-swimming-in-pool.jpg

Poolside Toys. Many pool accidents involve diving board, sports equipment, rafts and pool slides. Always look before you use. If something looks unsteady, do not use it.

Many pools no longer have diving boards because homeowner’s insurance companies have stopped providing coverage for them. But if you are going to dive, make sure the water is at least 10 feet deep.

Avoid portable pool slides, inflatable toys and using backyard trampolines with the pool. These products may not be designed for use with a pool or may be defective. In one Massachusetts case, a Colorado woman visiting the state died in 2006 after she slid down a Banzai brand inflatable slide at a backyard pool. It partially deflated, causing her to strike her head on concrete by the pool. The Consumer Product Safety Commission later recalled 21,000 of the Banzai brand inflatable slides and continues to recall unsafe pool toys and equipment each year.

Broken Glass. Do not bring beer bottles and glass out to the pool. Serious accidents can happen if the glass breaks in or near the pool and someone steps in it. If there is broken glass in the pool, it will be invisible and therefore impossible to find safely. Beyond injury, you will have a lot of clean-up. First you will have to drain the pool and then you will have to sweep it thoroughly.
Continue reading

Child SwimmingMany of us will spend the last few weeks of summer by the pool, with family and friends, at a slower pace. Relax and enjoy it, but also remember you have responsibilities if young children are around the pool. When a child is left unsupervised, tragedies can happen quickly, sometimes within seconds. In fact, a child who is submerged under water can lose consciousness within just two minutes. Within four to six minutes, permanent brain injury can occur.

This happens too often. Last summer, nearly 140 children in the U.S. died in swimming pool drownings between Memorial Day and Labor Day, according to Consumer Product Safety Commission (CPSC) figures. Another 170 children suffered near-fatal incidents in pools or spas. All the children were 15 and under.

Swimming pool drownings are preventable. If parents, family and friends at the pool work together, you can keep swimming a safe and fun experience for young children.

Our injury attorneys share a few safety reminders:

Watch Young Children. Never leave your child alone in the water or near the water. That includes kiddie pools. At the pool, set aside all distractions: your cell phone, magazines and engaging conversation.

Take a Break from Distraction. If you become distracted or fatigued while watching your child, take a break. Ask them to come out of the pool for a little while.

Swim with your Child. Practice “touch supervision” with young children and keep them within reach at all times. As your child gets older, enroll them in swimming lessons. Make a point to get in the pool with them regularly. You can evaluate their strength as a swimmer best from the water and show them how to handle the water around other children.

Swim with a Buddy. Make sure your child knows they must always swim with someone else.

Lifejackets and Floats. Flotation tubes and rafts are not intended to support your children. To give your child extra protection, explore the U.S. Coast Guard website for information on personal flotation devices.

Lifeguards. At community pools, take note of the lifeguard stations and ask how many lifeguards are on-site. But do not rely on the lifeguards. Watch your own children.

Explain the Safety Rules to Your Child. Explain the rules of pool safety often to your child so they understand your priority is to keep them safe.

Not a Parent? If you are not a parent, listen to what your friends or relatives are telling their children. Be aware of their concerns and try to help create a safe pool environment.
Continue reading

Swimming pool behind a fence

After another long winter here in Massachusetts, many of us are looking forward to some time by the pool. Whether you are a homeowner or a pool guest, take time to consider the rules of safety now so you can enjoy this time of year.

As a homeowner, you have a responsibility to keep your home reasonably safe for your family and your invited guests. If you own a pool, you have additional legal responsibilities to keep the swimming area safe. A safe swimming pool is critically important when children live at home or will be visiting. In fact, one third of all children who die between the ages of one and four are drowning victims in pools and spas, and hundreds more are critically injured.

Massachusetts regulates home swimming pools very closely. Here are some of the legal requirements and some common sense tips for the poolside.

Fencing. The law in Massachusetts requires homeowners to enclose pools with a fence at least four feet tall. It must have a self-closing lock which opens outward from the pool. Homes with a back door that opens onto a pool deck must have a pool alarm. 

Diving Boards. Diving into a pool presents the risk of severe personal injury due to head and neck injuries. Diving boards are regulated for their size and height over water, and the water should be at least nine feet deep in the diving area. Shallow areas should be marked to prevent diving board injuries. Many insurance companies will request that your remove your diving board entirely as a safety precaution.

Pool Drains. Ask the pool owner where all the pool drains and suctions are and make sure your child steers clear of them. When a child is pulled into suction, they can become entrapped with a strong force, causing drowning and death. Make sure your child is not wearing any loose hair accessories or a bathing suit with loose straps that could get pulled in. Federal law changed in 2008, requiring public pools to start using drain covers to reduce suction deaths, but private homeowners may not have made the change.

Portable and Inflatable Pools. Though they are much smaller than in-ground pools, portable and inflatable pools can pose serious risks for injury, especially to toddlers.

Pool Slides. Whether it is a fixture or an inflatable, ask yourself if a slide looks like it can support you without tipping over. Ask the homeowner how long they have had the slide and if there have been any problems. In 2006, a woman died in Massachusetts after using a Banzai brand inflatable slide. The now-recalled slide collapsed under her as she slid down. She struck her head and later died. 

Watch Children Closely. Give your children your complete attention while they are near the pool. Drowning claims more lives among children ages 1 to 4 than any other cause except birth defects, according to the Centers for Disease Control and Prevention. It is the second leading cause of unintentional injury-related death for children and teens ages 1 to 14. Set aside your cell phone, magazines and other distractions and watch your children. If you are in a group of adults, take turns being the “pool watcher.” Have that person step a few feet away from the conversation and concentrate solely on watching the children.

Poolside Toys. Avoid any toy or equipment that is not meant for use at the pool, including trampolines. Inspect all equipment before use. 

 

Broken Glass. Serious accidents can happen when beer bottles and other glass are used near the pool. Broken glass at the poolside is obviously dangerous, so it makes sense to use only plastic or metal containers near the pool. Glass in the pool is even more dangerous–clear glass simply cannot be seen in the water, and will be a serious hazard to anybody using the pool. If there is broken glass in the pool, the only safe remedy is to drain the pool to sweep it out.

Continue reading

pool.jpg

Every year, thousands of people in the U.S. die in drownings. Many of these are young children who drown in swimming pools. Last summer alone, nearly 140 children under age 15 drowned in swimming pools and spa tubs, according to the Consumer Product Safety Commission (CPSC). 

While the risk of personal injury and wrongful death from drowning has long been known, new dangers have emerged at pools in recent years. As many homeowners have removed diving boards for safety and insurance reasons, many others are purchasing inflatable slides, sports nets and trampolines to enjoy by the pool.

Two recent Massachusetts cases touch on these risks. Last month, the Supreme Judicial Court ordered a new trial in Dos Santos v. Coleta, where the plaintiff was paralyzed in 2005 when he jumped off a trampoline and struck his head in a two-foot inflatable wading pool. The pool and trampoline were owned by his half brother, the defendant.

The SJC found the trial court judge provided improper instructions when he said the jury could stop deliberating if they concluded the danger of jumping off a trampoline and into the pool was “open and obvious.” 

The SJC ruled that the trial judge should have also instructed that a property owner is not relieved from correcting such dangers in cases where they can or should anticipate that the dangerous condition will cause harm.

“Because we conclude that a landowner has a duty to remedy an open and obvious danger, where he has created and maintained that danger with the knowledge that lawful entrants would (and did) choose to encounter it despite the obvious risk of doing so, we now reverse,” wrote Justice Cordy.

The plaintiff, Cleber Coleta Dos Santos, had been playing with his young son on the trampoline when he attempted to flip off and into the pool at his half brother’s Framingham home. He suffered permanent paralysis. His half brother and sister-in-law owned the home, but had moved out a few days prior, leaving the trampoline positioned next to the pool where it could be used in the backyard. The SJC noted that the homeowner disregarded warnings printed on the side of the pool against jumping or diving into the pool.

banzai.jpg

The Banzai inflatable slide is another product which has caused injury and death in Massachusetts in recent years.

You should not see any Banzai slides for in-ground pools this summer. They were recalled in May 2012, after a woman’s death in Massachusetts and two reports of serious injury in other states. The inflatable slides were designed to sit on the edge of a pool so swimmers can climb to the top and slide down as water sprays. But the structure easily deflated, removing support for the user. It was also easy to knock down, even without windy conditions.

In 2006, a 29-year-old Colorado mother visiting Massachusetts fractured her neck and struck her head while using a Banzai inflatable slide. When she stepped up and started to slide, there was not enough support and her head hit the pavement near the edge of the pool. The slide had been partially deflated. The woman died the next day at a Boston hospital.

In October 2011, a jury in Salem Superior Court ordered Toys R Us to pay more than $20 million to the woman’s family, finding the Banzai slide did not comply with federal safety standards for swimming pool slides. Toys R Us had sold the product to the victim. Amazon.com – the website where the product was sold through – and manufacturer SLB Toys USA settled with the woman’s family after the trial began.

In May 2012, Walmart and Toys R Us recalled 21,000 Banzai slides for in-ground pools, asking consumers to return the product for a full refund. Banzai continues to sell inflatable slides and water castles which are stand alone.

Toys R Us recently appealed the case to the Supreme Judicial Court, arguing the the Consumer Product Safety Commission regulation cited by the woman’s family does not apply to inflatable pool slides, but only to rigid pool slides.

Continue reading