Lawsuit for Wrongful Death, Negligence and Breach of Warranty

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Facts The plaintiff Michael Aloe, widower of Robin Aleo, brought a suit individually and on behalf of his wife’s estate in Massachusetts/ U.S. First Circuit, against SLB Toys, Inc., Toys “R” Us, and Kids, Inc., after his wife dies from injuries sustained when an inflatable pool slide collapsed while she was sliding down. The decedent was attempting to slide down head first in an inflatable, in-ground swimming pool slide imported and sold by Toys R Us. The pool slide collapsed and caused her to strike her head on the concrete deck of the pool. The decedent fractured two cervical vertebrae and suffered a severed spinal cord. She died the following day after she was removed from life support. In 2005, Toys R Us started…show more content…
A consumer should be able to assume that when they follow the instructions properly, a slide pool should remain inflated when they use it, without causing any unreasonable danger or harm. Secondly, Aloe can allege for negligence which lead to the wrongful death of his wife because Toys R Us did not follow the required testing procedures for compliance with Federal Safety Standard. In addition, Toys R Us are negligent for having only one employee in their safety assurance department who received approximately 4,000 certificates of this kind per month. Furthermore, Aloe could also make a strong argument by imposing strict liability in tort on Toys R Us for personal injuries that result from selling a defective product with design defect that is unreasonably dangerous to the consumer without proper testing and compliance with Federal safety standard for such products. Aloe could also appeal for both compensatory and punitive damages for the loss which could be economic (such as lost income, medical expense) or non economic (such as pain and suffering and loss of consortium, meaning the loss of someone’s active presence and enjoyment in their life). Discussion from plaintiff’s side Aloe could argue that the cause of death of his wife is due to the defective and unreasonably dangerous product that Toys R Us knowingly sold in the market. The regulation

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