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Welcome to the Pritzker | Ruohonen Legal Blog
Child's Death Prompts Soccor Goal Net Recall
- All products should be required to be tested for safety before they are put on the market. People do not realize that most products are not tested for safety.
- The U.S. Consumer Product Safety Commission needs to have broad authority to immediately recall products when there has been a serious injury or death or when it is evident that the product is not safe. Now, in most cases, manufacturers have to voluntarily recall products. In the case below (we will get to it), a toddler was strangled to death by a soccer goal net while his mother struggled in vain to free him. This happened last year, but the recall of the product was not initiated by the manufacturer until this month. There is something horrifically wrong with this.
Last year in Texas, a 21-month-old boy tried to climb on one of the MacGregor nets from the back of the goal. He fell through the mesh, and the polyethylene cord contracted around his neck.Also according to the NPR report:
The toddler was in a fenced-in treeless backyard that contained only the soccer goal and carpet grass. By the time the mother realized what had happened, the cord around his neck was so tight, she was unable to pull his head back through.
She sent another child back into the house for a pair of scissors while she held her dying son's head, her hands straining at the cord.
The difference in cost between making a goal with the deadly 5-inch mesh and a goal made with the smaller, safer mesh is estimated at less than 20 cents of polyethylene cord.The recall of the soccer goals as reported by the U.S. Consumer Product Safety Commission:
September 16, 2008 - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.
Name of Products: MacGregor Folding Soccer Goals, Mitre Folding Soccer Goals
Units: About 190,000 units
Distributor: Regent Sports Corporation, of Hauppauge, N.Y.
Hazard: The fixed knot flexible openings in the soccer goal net can pose a head and neck entrapment or strangulation hazard to young children.
Incidents/Injuries: Regent Sports and CPSC have received two reports of head entanglement, including the strangulation death of a 20-month-old child who was found with his arm and neck tangled in the soccer goal net.
Description: Both soccer goals have a foldable white frame with a white net that is attached by Velcro strips. When upright, the MacGregor goal measures 6 feet wide by 3 feet high and the Mitre net measures 8 feet wide by 6 feet high. Each has a recalled net with squares measuring 5 inches on each side. The MacGregor soccer goal has model number 97236 printed on the assembly instructions and UPC code number 029807972365 printed on the net’s packaging. The Mitre soccer goal has model number 89186 printed on the assembly instructions and UPC code number 029807891864 printed on the net’s packaging. Nets manufactured after April 2007 with 4 inch by 4 inch square openings are not included in the recall.
Sold at: Wal-Mart, Ace Hardware and sports and toy stores nationwide from May 2002 through May 2008 for $26.
Manufactured in: China
Remedy: [Do not do this if your child has been injured.] Consumers should stop using the recalled soccer goal nets immediately and return them to Regent Sports to receive a free replacement net. [If your child has been injured or strangled to death in a soccer goal net, do not contact the retailer or Regent Sports. Contact us immediately about a lawsuit. These cases are strict liability cases and punitive damages may be available.]
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