http://www.foxnews.com/story/0,2933,96787,00.html LOS ANGELES — The makers of the Slip 'N Slide filed a lawsuit Monday over a scene in the hit movie "Dickie Roberts: Former Child Star" that shows actor David Spade (search) skidding to a painful halt on the summertime water toy. Wham-O is asking a judge to order the film out of theaters as long as it contains the Slip 'N Slide (search) scene, or for a disclaimer to be added urging viewers not to try the maneuver made by Spade. In the movie, Spade jumps belly first on the yellow plastic sheet without first inflating it with air and water. He then coats the slide with oil and crashes into a fence. The scene has been used heavily in television and theater ads to promote the film, which was No. 1 at the weekend box office. The lawsuit, filed against Paramount Pictures and Happy Madison Productions, charges the filmmakers violated its trademark by using the product without permission. Wham-O (search) also claims the scene violates the product's safety guidelines, which limit the use of Slip 'N Slide to children between the ages of 5 and 12 weighing less than 110 pounds and under 5 feet tall. Guidelines also state the slide must first be inflated and wet and that users should also be wet before diving on the plastic. The company is concerned that the scene might prompt adults to imitate Spade's action, which could lead to injury and lawsuits. "Paramount believes the claims are entirely without legal merit," said studio spokesman Rob Friedman. Representatives of Happy Madison did not immediately return calls Monday seeking comment. The product was taken off store shelves in the 1990s after a series of adult accidents. Wham-O became a privately owned company in 1997 after being put on the market by its former owner, Mattel. When the product was reintroduced in 1997, the new owners added an inflatable bumper and other safety features, Wham-O said. Monday's lawsuit mentions one legal action brought by a Wisconsin adult who became paralyzed after diving onto the slide while intoxicated. The plaintiff in that case was awarded $12.3 million in damages, according to Monday's lawsuit. Wham-O, based in Emeryville, Calif., also makes the Frisbee, Hula Hoop and Super Ball. In other news, the A-team prepares for a **** load of lawsuits.
Well, David Spade IS under 5 feet tall and less than 110 pounds, so I don't think there is much to worry about... Besides, the 27 people that actually HAVE seen that movie probably fell asleep before that scene anyways...
Probably a prudent move for Wham-O. When the lawsuits come from the inevitable injuries resulting from the movie (Jackass has taught us that much), they can argue that they took appropriate measures to ensure their patrons' safety despite their own stupidity. The suit will probably go nowhere, but the company will be able to say they tried, which is all they really need.
They aren't asking for millions of dollars. If someone gets hurt though, they will ask for millions of dollars.
Knowing how lawsuit averse Hollywood is, I'm surprised they didn't clear the product's appearance and use in the film ahead of time.
They just have to cut the scene. Don't get me wrong, this is stupid, but the reason they are doing it is to avoid lawsuits. That's pretty clear.
cheap publicity and brilliant at the same time, they get their message out about the safety issue, they create a marketplace where actual knowledge of the product's limitations are better communicated. this is a friggin' bonanza for the makers of the slide
Still very expensive. When Disney cut a scene from The Program after some kids died imitating a stunt in the movie, they had to recall 1,000 prints from the theaters. At the same time, they struck new prints without the scene at the cost of more than $1,000 each. And Dickie Roberts is in more than twice as many theaters than the program was. Plus, the flick would have to be out of theaters for at least a short time if the film was immediately recalled, potentially wasting at least some of that $12 million spent in prints and advertising.
let's see ... do movies EVER require disclaimers that the products shown (cars, guns, etc.) should not be used as seen in the movie? hell no if the judge gives the product owner an injunction requiring the scene removed, I'll be shocked.
now this is r****ded you are a drunk idiot and ya paralyze yourself goofing off on a slip-n-slide and you sue and WIN 12.3 million from Wam-o.. how in the hell could wam-o be liable?
I never believe such stories when the source is the company claiming it. getting a 12 million dollar verdict and getting a 12 million dollar judgment are not the same, but people like to talk about them like they are. I'd love to read more about the case, but I'm dubious of a claim that someone had to pay 12 million on the case. Was this the only defendant? Big verdicts usually mean a confluence of bad tactics and attitudes by the defendant and its attorneys. Many large verdicts are the result of bad lawyering and a bad attitude by the target defendant. Nothing pisses a jury off quite as bad as an arrogant, unrepenting defendant and defendant's attorney. Also, we don't know the history of the product, the number of reports about injuries, whether the company knew of the problem and did nothing to address it. Stories about big verdicts border on urban legend. I'm not saying it didn't happen as reported, but it will take more than a cleverly worded press release to convince me. Unfortunately, with our lap dog media, they print whatever they get with little effort to check the stories out.
Well guys, it took me 5 minutes to find this. Read it, and you will see how these kind of cases ALWAYS have a history the company isn't telling you. ---------------------- WATER SLIDES In 1991, Bill Evans broke his neck while sliding down a back yard toy called Slip 'N Slide. He is paralyzed from the neck down, confined to a wheelchair and needs round-the-clock care. Suspecting there was something defective about this product, Evans sued Kransco, the manufacturer. Evans' lawyer discovered that there had been at least seven other broken necks involving the Slip 'N Slide. He also discovered a videotape that was sealed as part of a confidential settlement in an earlier case, which showed that the manufacturer knew exactly how adults might be severely injured using the Slip 'N Slide. Evans and Kransco reached a confidential settlement, but Evans wanted to issue a press release alerting consumers about the hazards of the Slip 'N Slide. Kransco told Evans if he did this, their deal would be off and he would have to return the settlement money. Evans sued for the right to speak out, and the company eventually backed down. The manufacturer eventually stopped manufacturing the Slip 'N Slide. (Eye to Eye with Connie Chung, CBS News, Oct. 10, 1994.)
Summary for the ADD crowd: 7 prior adults with broken necks, no corrective action taken, and confidentiality agreements at the behest of the manufacturer which precluded ANY disclosure by the plaintiffs. No one said the guy was drunk, and even if he was, if 7 adults had broken their necks similarly, there is a duty to take corrective actions.
i don't know the nature of the defect...but what defect can a big plastic sheet with water sprayed on it have that would cause 7 people, using it correctly, to break their necks? i can't stand lawyers.
Come on, Max. If a product is unreasonably dangerous for adults to use, it needs to be labeled as such. If the manufacturer knows that adults can break their neck and end up a quad, they HAVE to disclose and warn. You would rather we not have these cases? That's the PINTO philosophy, and more recently, the Firestone philosophy. All the big manufacturers use confidentiality agreements to hide these things from public disclosure. The lawsuit mentioned probably saved at least another 10 adults from suffering a similar fate. The safety features the slide now has are a direct result of that prior lawsuit. When manufacturers get hit big in lawsuits, it almost means there is a significant history of other horrible cases of similar injuries with little or no effort to warn of or fix the problem.
