walmart being sued


This is so freaking ridiculous! Do parents read warnings? Do parents watch their kids?

St. Petersburg, Florida - Lawyers representing a Bay area child are in a St. Petersburg courthouse…..taking on corporate giant Wal-Mart, and a product supplier seeking millions in damages.

The case centers around swimming pool toys known as dive sticks, supplied to Wal-Mart in the 1990's by a Clearwater based Florida Pool.

When Marcus Zunner was just three, he was hospitalized with a severe accident from a divestick.

Kimberly Zunner, Marcus' Mother:
“He slid into the pool on the slide and he landed on it and it went into his rectum.”
Justin Johnson, Marcus' Attorney:
“He suffered a rectal impalement of about an inch and a half. And he had open abdominal surgery, with a cholostomy.”

WalMart and Florida Pool, are expected to argue the dive sticks were safe, but that that the family misused them, by allowing the child to jump on the sticks in a shallow, inflatable kiddie pool.

The stick's are weighted to stand perpendicular to the bottom of the pool, and when they are three to seven feet underwater, kids often dive after them in order.

But in shallow water, they may stand just inches below the surface which was apparently what happened when Marcus jumped in.

In 1999, the Consumer Product Safety Commission ordered Florida Pool to recall 9,000,000 dive sticks.

The company responded in a news release.

Florida Pool, 1999 news release:
"Dive sticks are fun and enjoyable when used properly but are not to be used in shallow water."

That recall came after six known injuries were reported to the CPSC, and one year before Marcus' Zunner was hurt landing on a dive stick.

Justin Johnson, Marcus Zummer's Attorney:
“It subsequently was banned as a hazardous product.”

Those close to Marcus worry he will need a lifetime of medical care and multiple surgeries as a result of the dive stick accident at a young age.

Marcus Zunner is now nine, and according to his lawyer, is doing as well as can be expected.

His lawyer says Marcus will be here at points during the trial, but is not expected to testify.
Omg, what some people will do for a quick buck. I find this unbelievable, why do people buy things for their kids with no intention of supervising what goes on?
I see it was a recall a year BEFORE his incident. So can they still sue? I guess we can't keep up with all the stuff that gets recalled daily, but they stil should have had better sense that to let him have this in a kiddie pool when the instructions said not too!
Ihe packaging on the ones we got for our pool here say to be used in 3 or more feet of water. Maybe there was a warning on those ones too? Accidents happen and you really have no right to sue over them, especially everytime something is misused.