According to Boston.com, a $20.6 million verdict has been upheld in the death of a woman by an inflatable pool slide, sold by the popular children’s store Toys “R” Us.
The Supreme Judicial Court of Massachusetts ruled in a unanimous opinion, that it could “discern no error” in the lower court’s ruling that affirmed the verdict. The Court said that there was sufficient evidence to support the jury’s findings of negligence, breach of warranty, and gross negligence, and concluded that the jury’s award of punitive damages was constitutional.
The suit, which was filed in Essex Superior Court by the women’s husband, alleged the Toys “R” Us inflatable slide collapsed, causing a 29-year-old woman to hit the concrete pool decking with her head. The woman died the next day. The jury awarded “compensatory damages of $2.64 million and punitive damages of $18 million.”
Although the death occurred in 2006, it was not until 2012 that Toys “R” Us issued a recall on approximately 21,000 inflatable pool water slides, after the US Consumer Product Safety Commission said that “the slide was unstable and it could topple over, allowing the user to hit the ground and become injured.”
If you or a loved one has been the victim of a faulty product and have significant injuries or wrongful death, you should consult with a Lopez McHugh attorney to discuss your legal rights.