Don’t let your child be the ‘Invisible Kid’ this Halloween.
An open letter to Amazon, Forum Novelties, Super Skins®, costume manufacturers, parents and guardians.
The Ask
Stop Selling It
As a matter of public safety, Lamber Goodnow is asking Amazon and all online and retail sellers to immediately stop selling the “invisible kid costume.”
And to Manufacturers
Recall + Buyback
We are calling on Forum Novelties and makers of similar costumes to immediately cease selling these costumes and to issue a recall and buyback program.
The Risk
2×
Halloween risk multiplier
Children are twice as likely to be hit by a car on Halloween than on a normal evening.
01 · Open Letter
An open letter to manufacturers, sellers, and parents.
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:
DEADLIEST DAY
Halloween is the deadliest day of the year for child pedestrian accidents.
DOUBLE FATALITIES
Fatalities of pedestrian children more than double on Halloween as compared to other days.
DUSK TO DARK
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: kids in the “Invisible Kid” costume can’t be seen by drivers at night, and it’s extremely hard to see out of.
Why this costume is different
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:
- https://www.today.com/video/invisible-halloween-bodysuit-costume-raises-concerns-547073091758
- https://www.inquisitr.com/2506362/invisible-kid-halloween-costume-popular-black-bodysuit-halloween-costume-brings-danger-warning-video/
Halloween, By the Numbers
SPERLING'S BEST PLACES
The single deadliest day of the year for child pedestrians.
2×
More likely to be hit by a car on Halloween vs. a normal evening
Halloween risk
#1
Deadliest day of the year for child pedestrian accidents
Sperling’s
60%
Of accidents occur 5–9 p.m. — dusk to darkness
4-hour window
4
Parties potentially liable: maker, seller, parent, driver
Lamber Goodnow
Theories at Play
Liability Doctrines
Strict liability
Negligence
Failure to warn
Assumption of risk
Driver’s Question
Perception–Reaction
02 · Potential Legal Claims
Who could be on the hook?
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:
01 · Claims against 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.
02 · 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.
03 · 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.
04 · 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.
03 · Be Safe, Have Fun
Make it easier for drivers to see your kids.
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:
Visibility 01
Flashlights for parents and children
Visibility 02
Glow sticks and wearable bracelets for the kids
Visibility 03
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:
01
Trick or Treat during daylight hours
02
Establish firm rules for kids travelling in groups
03
Don’t use the occasion as an excuse to have a few cocktails as you walk your kids around the neighborhood
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