Most 29 year old adults with a modicum of intelligence know better than to go head firs down an inflatable slide purchased at a nationally known CHILDREN’S TOY STORE. It wasn’t designed nor intended for adults. The issue was whether a statute intended to apply to steel/metal pool slides should apply to a “toy”. That statue required a 350 pound tolerance to accomodate adults.
Note the article says nothing about the decedants’ weight. She had an 18 month old daughter. The court really twisted the applicability of the statute to reward the survivors.
Obviously sorry about the loss, and a little girl who has lost her mother, but all I can say is this is just stupid. Hope she doesn’t have any relatives who decide to ride a Big Wheel onto a Interstate Hwy and somehow can’t keep up with traffic when their weight forces the item to drag to the ground…
The intent of law is not relevant. The words in the law are. If the law says pool slides must meet that requirement and does not specify the materials used in the manufacture, blame the legislature, not the judge. I agree it’s a poor law, but it’s not the judge’s law to legislate from the bench.
I feel terrible for the family however what idiot who is over the age of twelve would slide head first down a inflatable slide bought from a toy store??
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Most 29 year old adults with a modicum of intelligence know better than to go head firs down an inflatable slide purchased at a nationally known CHILDREN’S TOY STORE. It wasn’t designed nor intended for adults. The issue was whether a statute intended to apply to steel/metal pool slides should apply to a “toy”. That statue required a 350 pound tolerance to accomodate adults.
Note the article says nothing about the decedants’ weight. She had an 18 month old daughter. The court really twisted the applicability of the statute to reward the survivors.
Obviously sorry about the loss, and a little girl who has lost her mother, but all I can say is this is just stupid. Hope she doesn’t have any relatives who decide to ride a Big Wheel onto a Interstate Hwy and somehow can’t keep up with traffic when their weight forces the item to drag to the ground…
The intent of law is not relevant. The words in the law are. If the law says pool slides must meet that requirement and does not specify the materials used in the manufacture, blame the legislature, not the judge. I agree it’s a poor law, but it’s not the judge’s law to legislate from the bench.
I feel terrible for the family however what idiot who is over the age of twelve would slide head first down a inflatable slide bought from a toy store??