Negligent Tort Analysis: Sportspower Trampoline Recall
Negligent Tort
On November 28, 2012, the U. S. Consumer Product Safety Commission (CPSC) announced the recall of 23,400 trampolines manufactured by Sportspower of Hong Kong because the metal legs of the trampoline can move out of their correct positions, poke through the trampoline's jumping area and present the risk of injuring the user by possibly "deep, penetrating puncture wounds, cuts and bruises." There is insufficient information to determine whether Sportspower would have been liable in negligence if the trampolines had not been recalled and had caused harm to a consumer. It appears that Plaintiff would be able to prove the duty of care, its breach, standard of care and falling below that standard; however, the facts of this case do not tell us enough to determine whether there was actual injury as a result of the Defendant's negligence, whether the Defendant's negligence was the actual cause of the Plaintiff's injury or whether the Defendant's negligence was the proximate cause of the Plaintiff's injury. In addition, the defenses of intervening cause, contributory negligence, comparative negligence and assumption of risk could be used by the Defendant to defeat the Plaintiff's case. At this point, we do not have sufficient information to determine whether those defenses would be successful.
Fortunately for the Plaintiff, the "Substantial Product Hazards" provision of the Consumer Protection Act (15 U.S.C. § 2064) would cover this case. By manufacturing 23,400 trampolines with metal legs that could move out of position, puncture the jumping surface and cause deep and penetrating cuts, wounds and bruises to the person jumping on the trampoline, Sportspower has created a substantial risk of injury to the public. This would allow Plaintiff to use the "Substantial Product Hazards" provision of the Consumer Protection Act and the assistance of the Consumer Product Safety Commission to obtain relief from Sportspower.
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