An Open Letter To Amazon, Forum Novelties, Super Skins®, ‘Invisible Kid’ Halloween Costume Manufacturers, and Parents and Guardians in Regard to the ‘Invisible Kid’ Halloween Costume:
As a matter of public safety, The Lamber Goodnow Injury Law Team is asking Amazon and all online and retail sellers to immediately stop selling the ‘invisible kid costume’.
Here at Lamber Goodnow, we already believe that Halloween is dangerous enough, and it’s a night when children are already twice as likely to be hit by a car than on normal evenings.
We are also calling on Forum Novelties and makers of similar costumes to immediately cease selling these costumes and to issue a recall and buyback program.
Public Safety Issue
In fact, in a study conducted by Sperling’s Best Places, kids have a greater chance of being fatally injured by a car on Halloween than any other day of the year, including Fourth of July and New Year’s Day
A brief summary of the findings include:
- Halloween is the deadliest day of the year for child pedestrian accidents
- Fatalities of pedestrian children more than double on Halloween as compared to other days
- Over 60% of the accidents occurred in the 4-hour period between 5:00 to 9:00 p.m. – from dusk to darkness.
A Bad Idea – that only gets worse
As a public safety issue, kids dressed in the “Invisible Kid Costume” won’t be seen by drivers at night – and it’s also extremely hard to see out of the costume. We join numerous national news and media outlets to voice our concern over this dangerous trend:
Potential Legal Claims
We hope that manufacturers and sellers of these products pull them from shelves immediately. That said, if they are sold, not only are children’s’ lives at risk, but there are potential claims that could exist, as well, including:
Claims against the manufacturer: A product liability claim against the manufacturers of the “Invisible Kid” Halloween Costume, including “I’m Invisible Body Suit,” “Child’s Black Second Skin Suit,” and “Super Skins®” for putting a dangerous product in the stream of commerce. Depending on the jurisdiction, either negligence or strict liability theories can be advanced as drivers will need to be even more vigilant as this costume increases the likelihood of car and pedestrian accidents.
Claims against parents: Parents who assume the risk of supervising kids who trick or treat may be held liable for allowing kids to wear the “Invisible Kid” costume and/or not providing proper lighting equipment to kids. The claim would be by the parents of the injured child or wrongful death beneficiaries of the decedent child.
Claims against sellers: Sellers who put these products into the stream of commerce may be held liable under state product liability and/or negligence laws.
Claims against drivers: Drivers who are not vigilant in looking for children and who hit a kid could be held liable as well. The critical question often turns on perception-reaction time and whether there was enough time for the driver to take evasive action.
Be Safe and Have Fun
Halloween is a night of costumes, and candy, and spooky sights – and fun! It’s also a night when you should make it easier for drivers to see your kids as they prowl your neighborhood looking for candy.
Lamber Goodnow highly recommends parental guidance for all kids trick or treating, and please use simple items so your kids are highly visible, especially on busy streets:
- Flashlights for parents and children
- Glow sticks and wearable bracelets for the kids
- Reflective wristbands or tape on all costumes
Common sense goes a long way – and here are some more tips to make this Halloween the best – and safest – ever:
- Trick or Treat during daylight hours
- Establish firm rules for kids travelling in groups
- Don’t use the occasion as an excuse to have a few cocktails as you walk your kids around the neighborhood