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pradell Special user Alaska 560 Posts |
Every balloon artist should be aware of the Child Safety Protection Act of 1995 which provides:
"Any latex balloon, or toy or game that contains a latex balloon, shall be labeled as follows: /! WARNING: CHOKING HAZARD-Children under eight yrs. can choke or suffocate on uninflated or broken balloons. Adult supervision required. Keep uninflated balloons from children. Discard broken balloons at once." For more information, see http://www.cpsc.gov/cpscpub/pubs/282.html The above statute and the laws relating to injuries when children are harmed by balloons should be considered before an entertainer decides to perform balloon animals for children. The above is not to be considered to be legal advice. Feel free to consult an attorney of your own choosing for more information regarding this matter. :magicrabbit: |
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dave_matkin Inner circle 4522 Posts |
Man can you tell you are an Attorney!
Why children under 8? and not adults with learning disabilities as well? it is an interesting topic and I am sure that Mark will chime in soon with "show me the evidence". You may be able to answer him? But ir is a topic that keeps coming up ()may have been better posting on the end of one of the previous ones?) |
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sibbie Special user East Coast 525 Posts |
As history provides anything can be turned into a lawsuit by spinning it a little bit although when I get my new site design together there will be a section of safety information so clients can be made aware.
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Bad to the Balloon Inner circle Clearwater Florida 2116 Posts |
Quote:
On 2007-07-22 03:38, pradell wrote: I am sure you believe you are being helpful with this advice. With that aside, here comes opinion and debate. First off the Law as it pertains only to manufacturers and importers. How does this related to balloon artist or even help them? Should we put stickers on each and every balloon we hand out? Or after doing your schtick read off a a disclaimer like a car dealer advertisement? [i]"The above is not to be considered to be legal advice. Feel free to consult an attorney of your own choosing for more information regarding this matter. "[i] Okay BUT you are an attorney and nobody asked you about this ... why wouldn't it be considered legal advice? The above is not to be considered sarcasm. Feel free to consult with a comedian of your choosing as to the alleged sarcasm. I have talked to attorneys, doctors and scientists and you know what!!! The rate of children choking on balloons is over inflated (pardon the pun) and borders on urban mythology. since you are an attorney not rendering legal advice, how about finding precedence of cases where an entertainer, manufacturer, or balloon vendor was actually sued for negligence. THAT would be helpful advice. [b]A challenge you to find one case where a 260 balloon is involved. It has to be a 260 balloon.[b] Jumping on balloon are unsafe bandwagon helps no one here. Please read these thread before replying: http://www.themagiccafe.com/forums/viewt......1&26 http://www.themagiccafe.com/forums/viewt......81&5 http://www.themagiccafe.com/forums/viewt......1&24 The balloon industry is billions and billions of dollars. If there was so many children dying from them don't you think they would have been shut down by now? And why doesn't Pioneer Balloons have a NASCAR sponsorship? More food for thought: The common hot dog was involved in 17 percent of all choking deaths. A hot dog makes a perfect plug for a child's airway. It is the right size and is spongy and pliable so it bends to conform to the shape of the windpipe. Do you think hot-dog vendors are on line have a similar discussion? I also want that sticker off my hair dryer that says "Do not use in shower"!!! More choking fun!! >>> The most common foreign body reported was unspecified food (20%). The most common specified food objects that victims choked on were undetermined meat products (17%), and of those characterized, steak (10%) and chicken (5%) were the most highly represented. The breakdown of meat products is displayed in Fig. 2. The next most common food object was a peanut butter and jelly sandwich (4%), with all other food items representing less than 2%. Table 2 lists the detailed food items described in the investigative summaries. Nonfood objects were implicated in 6% of cases and included unspecified vomitus (3), dentures (2), broken teeth (1), latex glove (1), and a plastic bag filled with narcotics (1). The majority of the choking episodes occurred at home (45%), followed by supervised facilities (26%), restaurants (14%), hos- pitals (3%), the street (3%), hotels (2%), schools (2%), other (3%), and unknown locations (2%). These are shown in Fig. 3. Super- vised facilities included skilled nursing facilities, board, and care homes, assisted living facilities, and convalescent hospitals. First- response interventions included a combination of finger sweeps, the Heimlich maneuver, CPR, and more sophisticated techniques once paramedics were summoned. Figure 4 depicts the initial in- terventions performed by paramedics (40%), both family and par- amedics (21%), staff at supervised homes (17%), bystanders (8%), or no one (14%). Of the 19 choking episodes occurring in res- taurants, only one employee was documented to attempt an initial- response resuscitative effort, and almost half of these cases in- volved the paramedics as the only initial intervention.
Mark Byrne
AKA Mark the Balloon Guy As seen on the TODAY SHOW www.balloonguy.net Creator of Bad to the Balloon DVD series Go to my store: http://tinyurl.com/Bad2theBalloon |
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dave_matkin Inner circle 4522 Posts |
See told you it would not be lng till he chipped in!
I must admit I am kind of with mark on this one! HAving said that - as a scientist - when someone posts some information from a reliable source (and not just anecdotal I will quite happily re-assess my standing on the topic. But we do get a lot of postings here that say dangerous for under 3’s choking hazard etc etc. But you only have to look at toys in the UK (I’m allowed to I have 2 kids 3 and 5) they have daft age “restrictions” on them. I tend to take most of them under advisement and let the kids play with them. We have taught them that they don’t put small things in their mouths and that they chew their food properly. I don’t recall them having a choking episode in “8” years! Any way need to go lots to do. |
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sibbie Special user East Coast 525 Posts |
The law should read "Parents are responsible for the safety of their own children - not everyone else." I have a daughter and if I allow her to play with a balloon and she happens to be injured in any way by it then it is my fault, not the fault of an entertainer.
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Bad to the Balloon Inner circle Clearwater Florida 2116 Posts |
I make a popcorn bubble for the very young. 5" clear with 2 or 3 balloon balls inside. The kid can shake it and roll them around.
As I make it I do this very sarcastically: "you look like good parents ... and I really shouldn't have to say this, BUT when the outside balloon pops throw away the the little balls .... this statement has been brought to you by your local government and the protection of stupidity!"
Mark Byrne
AKA Mark the Balloon Guy As seen on the TODAY SHOW www.balloonguy.net Creator of Bad to the Balloon DVD series Go to my store: http://tinyurl.com/Bad2theBalloon |
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pradell Special user Alaska 560 Posts |
Perhaps it would be wise to also visit this page:
http://www.balloonhq.com/faq/twister_business.html Concerning insurance. :magicrabbit: |
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Bad to the Balloon Inner circle Clearwater Florida 2116 Posts |
How about addressing the questions?
Balloon Hq is a compilations of twisters thoughts from threads like ours. There is no data there. Show me the evidence!!!!! I want to see evidence that anyone has been harmed by a 260 balloon, other than getting snapped in the eye. You know darn well laws are made with passion and very little to do with facts. Just because something seems plausible doesn't mean it actually happened. The odds of dying from choking alone are astronomical alone. Inhalation and ingestion of other objects causing obstruction of respiratory tract, W80 number of deaths in 2003 3,004 one years odds 1 in 96,821 odds in a lifetime 1 in 1,248 http://www.nsc.org/lrs/statinfo/odds.htm Consider this ...... how many people eat each and every day. Choking from food is within this statistic. Balloons if at all are a miniscule part of this. As for silly laws lurkers may enjoy these: Alabama It is illegal for a driver to be blindfolded while operating a vehicle. Dominoes may not be played on Sunday. It is illegal to wear a fake mustache that causes laughter in church. California Sunshine is guaranteed to the masses. Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship. Bathhouses are against the law. [Get the full text of this law.] It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale. Women may not drive in a house coat. Florida Women may be fined for falling asleep under a hair dryer, as can the salon owner. A special law prohibits unmarried women from parachuting on Sunday or she shall risk arrest, fine, and/or jailing. If an elephant is left tied to a parking meter, the parking fee has to be paid just as it would for a vehicle. It is illegal to sing in a public place while attired in a swimsuit. Men may not be seen publicly in any kind of strapless gown. Having sexual relations with a porcupine is illegal. It is illegal to skateboard without a license. When having sex, only the missionary position is legal. Kansas Prohibits shooting rabbits from a motorboat. Louisiana It is illegal to rob a bank and then shoot at the bank teller with a water pistol. Indiana It is illegal for a liquor store to sell cold soft drinks. Liquor stores may not sell milk. Michigan You may not swear in front of women and children in the state of Michigan. Nebraska It is illegal for bar owners to sell beer unless they are simultaneously brewing a kettle of soup. New York A fine of $25 can be levied for flirting. This old law specifically prohibits men from turning around on any city street and looking "at a woman in that way." A second conviction for a crime of this magnitude calls for the violating male to be forced to wear a "pair of horse-blinders" wherever and whenever he goes outside for a stroll. It is against the law to throw a ball at someone's head for fun. A license must be purchased before hanging clothes on a clothesline. The penalty for jumping off a building is death. North Dakota Beer and pretzels can't be served at the same time in any bar or restaurant. It is illegal to lie down and fall asleep with your shoes on. Ohio It is illegal to fish for whales on Sunday. It is illegal to get a fish drunk. Pennsylvania A person is not eligible to become Governor if he/she has participated in a duel. Texas It is illegal to take more than three sips of beer at a time while standing. It is illegal to drive without windshield wipers. You don't need a windshield, but you must have the wipers. It is illegal for one to shoot a buffalo from the second story of a hotel. It is illegal to milk another person's cow. A recently passed anticrime law requires criminals to give their victims 24 hours notice, either orally or in writing, and to explain the nature of the crime to be committed. The entire Encyclopedia Britannica is banned in Texas because it contains a formula for making beer at home. Wisconsin You must manually flush all urinals in a building. Butter substitutes are not allowed to be served in state prisons.
Mark Byrne
AKA Mark the Balloon Guy As seen on the TODAY SHOW www.balloonguy.net Creator of Bad to the Balloon DVD series Go to my store: http://tinyurl.com/Bad2theBalloon |
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MagicSanta Inner circle Northern Nevada 5841 Posts |
Well, I have news for you Mr. Bad Balloon guy, here is a little story that lacks TRUTH and is not ACCURATE at all.
A little boy, age eight, got a balloon sculpture made to look like a tiger made from a 260. The 'artist' used a black thick Sharpie to make a funny face and, in an act that has outraged almost a third of a dozen people, stripes, that is right, stripes when the kid could have been told it was a cougar. Well the balloon BURST, that is right, burst, and no warning was on the balloon that this could happen, the parents were never told this could happen. The child, poor innocent child, noticed that the Sharpie had liquified and he, in a flash of eight year old genius, rubbed the ink on his mothers new white leather couch that she had been complaining about wanting for years but her husband told her the kids would just screw it up. Well, the ink became perminant at that point and the mother, in a fit of rage, choked that lil' child. Sure, he didn't die or get hurt or anything and he doesn't put stuff on furniture, but don't ever, EVER, say that balloons don't cause choking. (Note: the use of CAPS courtesy of the Dave Dee Course in MARKETING) |
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pradell Special user Alaska 560 Posts |
To find out more, google this phrase:
"Any party involved in the production or distribution chain of a product can be held liable in a civil lawsuit when its users suffer injuries caused by a defective product." Remember: information is power. Use it wisely. :magicrabbit: |
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sibbie Special user East Coast 525 Posts |
Quote:
On 2007-08-12 02:38, pradell wrote: I will highlight some points from the first paragraph from that site: Product liability insurance is available to the manufacturers, wholesalers, and retailers of various products. A defective product is defined as any physical item which is sold or given away, including medical, leisure, automotive, industrial, health and fitness products, blood, pets, drugs, foods, and even commercial jets, that is found to be unreasonably dangerous for its intended use. Any party involved in the production or distribution chain of a product can be held liable in a civil lawsuit when its users suffer injuries caused by a defective product. Source: http://www.onlinelawyersource.com/product/insurance.html by way of the Google phrase above. Concerning the first section I am not a manufacturer, wholesaler, or retailer when it comes to balloon twisting. I am not selling the balloon to a person, I am selling my entertainment - the balloon just happens to be there (of course I could give away that ambitous card and the child could choke on it). Therefore, under the wording, I am not eligible for the insurance. This makes the rest of the article a moot point. Second, if it is found unreasonably dangerous for it's intended use. This comes down to what any person calls unreasonably dangerous. A 260's intended use is to be twisted into shapes. Once I have done this the balloon has served two of it's widely accepted uses: to be blown up and to be twisted. I have met that criteria. And the final part about the product or distribution chain: This is a broad statement. If I give a 10 year old a balloon and it bursts and is left on the floor and his baby sister chokes on it then the distribution chain can include: The brother, the parents, the entertainer, the establishment who hired, the shop they were bought from, the wholesaler they were bought from, the manufacturer, and the people farming the latex. Just for fun, let's throw the delivery trucks in between each as well since that child would have never been hurt if they would have never delivered it. |
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sibbie Special user East Coast 525 Posts |
Pradell,
I appreciate the inital point of this post. And don't get me wrong, I know people have choked on balloons (whether litigated or not) and it is a terrible thing. However, my point in the post above is that the law can be taken to extremes which I am sure you are fully aware of. Parents need to be responsible parties before anyone else. By legal definitions we can be sued for just about anything and have to put forward financial resources whether we win or lose along with our time. We can't have insurance for everything and according to that article unless you are selling the balloon at retail then you are not eligible for product liabilty insurance. |
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Bad to the Balloon Inner circle Clearwater Florida 2116 Posts |
Quote:
On 2007-08-12 02:18, MagicSanta wrote: As the kids says on the Simpson's: "Hah.. hah" Quote:
On 2007-08-12 02:37, pradell wrote: I really don't want to be a jerk ...... BUT do you have a real point to make? • You have the resources to look up case law and you don't. • You quote ambiguously from websites. • You have no desire to study the facts. Yet you want to act like an authority on the matter, but don't call me a lawyer. • Personally I see you offering no real information. • Your posts are trite and condescending. Are you a lawyer stuck in a magician's body or the other way around? How can a balloon be defective if by it's nature it is meant to pop?
Mark Byrne
AKA Mark the Balloon Guy As seen on the TODAY SHOW www.balloonguy.net Creator of Bad to the Balloon DVD series Go to my store: http://tinyurl.com/Bad2theBalloon |
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MagicSanta Inner circle Northern Nevada 5841 Posts |
That is an excellent point Mark. I have people ask "will these pop?" and I always reply "sure, car tires are made of thick rubber and they pop, even Zepplins pop, just make sure you throw away the pieces".
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toomuchmagic Special user 534 Posts |
Quote:
On 2007-08-12 13:57, Bad to the Balloon wrote: BUUUUUUURRRRRRRRNNNNNNNNN!!!!! |
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pradell Special user Alaska 560 Posts |
Every performer makes choices. Knowledge of the law is helpful prior to making the choice as to what to perform, how you present your show, how to assist your audience in understanding what you are doing, who to perform for, and, finally how to protect yourself. You decide. The choice is up to you. I did not write the law. But it is there, on the books valid in all 50 states. Product liability law can be harsh: strict liability can apply to all down the chain. Something every balloon artist should be aware of before they make the choices that they make. If Mark is upset with the law, perhaps his resources can be best used to try to change it. Like Mark, I've made an balloon instructional materials too. See
http://www.alaska.net/~pradell/abra/BalloonBk.html I've spoken with Richard Levin, another magician/attorney who is also concerned about the applicability of the above law to performers. He too has written a balloon modeling book, Levin's Eleven Balloon Menagerie. Both of our books are listed here: http://www.balloonhq.com/faq/books.html This is a hot topic, obviously. The point is that we need to educate and understand. Over 200 balloon artists have already viewed this string. How they decide to make their living and present their products is their choice too. :magicrabbit: |
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toomuchmagic Special user 534 Posts |
I am really not sure I understand your position either. What is your point...and what are you offering?
If your point is that someone might sue....that is obvious in any situation under any circumstances. And if you are taking a semi-passive stance on this then I don't understand the reason for your post. If you or your child choke on your food, do you really have a right to sue your waiter? I don't think so. |
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Bad to the Balloon Inner circle Clearwater Florida 2116 Posts |
Quote:
On 2007-08-13 01:58, pradell wrote: Now I am going to badger the witness!!!!!!! WHERE IS THE EVIDENCE!! Show me a case (JUST ONE!!) of a child, animal or any living creature harmed hurt or killed by a 260 balloon. I say there is no trail or it is a rare or unusual circumstance. does not warrant the moniker of "#1 Choking Hazard". • Evidence from wild life shows balloon pieces inside sea life, undeniable. Cause of death? NO! • Balloons are considered litter, YES will they be here as long as a styrofoam cup? NO, they are biodegradable. • Have children been hurt by balloons? Yes!! how? According to the NSA these are some of the reasons: Child left unattended with a mylar balloon ( you know the safe ones allowed in hospitals) cause of death strangulation by the string..... what is blamed? the balloon. Another case states a balloon like object stuck up a child's nose, no trauma just stuck up his nose. Probably annoying to the parents because the child made excess flatulent sounds. Also found up kid's noses: raisin, coins marbles and fingers of all sizes. Other case state a balloon like object but not really a balloon. What are these objects? Some are latex gloves which are of natural rubber which when wet become invisible laid against the moistness of the airway tract. Examine this, only the large sections of a balloon or a glove would create this problem. NOT the spaghetti like pieces of a 260 balloon. Large balloon pieces are the hazard. It truly is the difference between pebbles and boulders. Now you state you have talked to another magician /attorney about this ............ well WTF did you talk about!! Tell us!! As to me trying to change the law, not only would it be difficult, but I would be running into all the people who believe the urban myth of children choking on balloons. Mark the Balloon Guy against Doctors, Lawyers, politicians and every mummies and daddies that think they are looking out for their little precious. How ridiculous does that sound? It would be easier to tell everyone there is no god. You on the other hand decide your helping balloon artists by posting Child Safety Protection Act of 1995 is this going to help our profession. How? Most professionals already carry liability insurance, I know I do. *****(IBM member renewal this month, that is helpful) You tell us to be aware and it would be wise to know about a law, YET you offer no action. I live in Florida if I know a hurricane is coming but don't know what direction to go, isn't it a little silly to move? You are neither providing education or understanding. You are perpetuating a myth. Cross examination to you....
Mark Byrne
AKA Mark the Balloon Guy As seen on the TODAY SHOW www.balloonguy.net Creator of Bad to the Balloon DVD series Go to my store: http://tinyurl.com/Bad2theBalloon |
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pradell Special user Alaska 560 Posts |
Dear Mr. Byrne:
I think I've made my point. By now I'm sure most of the balloon artists who use this forum have read our postings and have had the ability to review the law and learn about it. I would much prefer to educate than litigate in this area of my life, which offers more rewarding moments than my other career. :magicrabbit: |
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