The relationship between companies and consumers is extremely important. The duty that companies who design, create, and manufacture products that are mass-produced and placed into the stream of commerce is of the utmost importance, as the companies, not the consumers, are in complete control of the product. A design or manufacturing defect can have serious implications in our society, especially when thousands of these products are being bought and put to use by consumers unaware of their dangerous nature. Products that are created and manufactured for children are especially dangerous, as children are less likely to be aware of any risk associated with the product or may have little to no choice in their use; it is the parent who will buy the product, assuming that it is safe and non-hazardous for the child’s use.
Dangerous Inflatable Amusements
Recently, inflatable amusements have harmed adults and children alike in the last decade. Inflatable amusements are air-filled structures that utilize airflow and air pressure to maintain their shape. Bouncy houses, moon bounces, and inflatable slides and pools fit into the category of inflatable amusements, and have been in the news recently due to emergency situations and catastrophes that they have caused while in use. In New York, large gusts of wind blew a bouncy house, carrying children inside up into the air, and the children sustained injuries as a result of falling out of the bouncy house while it flew higher and higher up into the sky.
Statistics of Injuries Caused by Inflatable Amusements
In a study conducted by the United States Consumer Product Safety Commission, it was estimated that between 2003 and 2007 there were 31,069 inflatable amusement-related injuries; of the total injuries, 91 percent (or 28,338) were associated with injuries sustained while using a moon bounce. Sixty-two percent of the injuries were sustained by children between the ages of five to 14 years old. The major issues surrounding the injuries from inflatable amusements deal largely with a lack of safety guidelines, as well as trained operators who know how to properly anchor the inflatable amusements.
Pennsylvania Products Liability Law
Pennsylvania has established laws to protect consumers from products whose use results in injury or death to consumers. Current law provides that a manufacturer or distributor is responsible for guaranteeing the safety of the product.
The company who creates or manufactures products that cause harm to consumers during regular use is strictly liable for any damages that are associated with the normal use of these products. This means that if the injured party can show that the product is defective as a result of its design, manufacturing, or marketing, then the defendant is liable. The defendant’s degree of carefulness is not assessed in most circumstances.
Pennsylvania Product Liability Attorneys
If you or your child has been injured by a product as a result of a design or manufacturing defect in Pennsylvania, please speak with our experienced product liability attorneys at Solnick & Associates, LLC. Our legal professionals will be able to assess your claim and determine if you are able to recover damages for injuries sustained as a result of a defective product. You can reach us by calling 877-958-7010 or by sending us a message through our website.
Photo Credit: Gerald England