Bad design of slide resulting in injuries

[Zigner]

Of course, per the disclaimer signed, the OP has no case against the facility. Ya'll DO understand that, right?

 

[Mass_Shyster]

Of course, per the disclaimer signed, the OP has no case against the facility. Ya'll DO understand that, right?

If, as OP claimed, this is not an isolated incident, but a condition of which the facility is aware and chooses not to address, it can be argued that this does not constitute ordinary negligence on the part of the facility, but gross negligence or reckless conduct. My understanding is that neither can be disclaimed.

 

[tranquility]

Two things. One, product liability is not against the place where the slide was (and who is protected by the waiver) but the manufacturer and, two, while waivers have broad language, they are often limited in value.

For example, gross negligence is almost never able to be waived.

Pretend the company knew of repeated injuries in the exact same way on the exact same equipment. Not making it safe, perhaps through warning, would certainly be negligence. But, how many injuries before it becomes gross negligence?

One attorney wrote (http://www.eqgroup.com/Library/eqlegal1.htm):

Can you provide examples that show the difference between negligence and gross negligence?

Suppose a public riding facility or horse owner has carelessly forgotten to adjust a horse’s cinch before sending him out on the first ride of the day. If the saddle slips and the rider is injured, that facility or owner will probably be found negligent.

However, if a facility or horse owner saddles a horse with broken cinches or girth straps, knowing the equipment could fail at any time, that facility or horse owner will likely be found to have committed acts of gross negligence when the equipment breaks and injures the rider.

The way I remembered the difference between negligence, gross negligence and reckless disregard in an action was saying they are done by a fool, a damn fool and a goddamn fool. How foolish would a company be if they have repeated injuries taking place in the same manner?

 

[ecmst12]

Sounds like it's perfectly safe for a child but not for an adult.

 

[Ohiogal]

So even when a design ends up being a faulty design, a patron is out of luck? What would be the incentive to a company to have a safe design is patrons are out of luck? Especially when the company knows people are being hurt because of a bad design? Like I said, if this was a one-time type of injury, which I expect to happen even when something is safely designed, I wouldn't be so upset. My problem here is that enough people are being hurt by a faulty design that the hospital I went to, which is only of several in this area, knew what happened just by me saying where I was. This seems like negligence on the part of the company for not addressing a safety hazard they know exists that patrons wouldn't know about.

Sue the maker of the SLIDE. Not Playdate but the manufacturer of the slide.

 

[Ohiogal]

Not only are the damages small, but also a product liability suit for design issues is going to be expensive to prosecute. You'd need experts and a LOT of discovery to even know if you'd have a case.

Sorry, but beyond making a demand with the company and hope of a nuisance settlement, I don't see this going anywhere.

McDonald's Coffee. Enough said.

 

[Ohiogal]

How do you prove this "well known fact"? You would need to get victim statements, treatment records and an expert to link the injury to the slide (doctor) and then another expert to link the problem to the slide's design. (engineer)

This is the only possibility. That's because the OP would be attacking the entire company with her suit and not just a sui generis issue. Do you know of anyone in your life who was the named plaintiff (The only one who really gets compensated for their injury.) in a class action? Does anyone in the forum who reads this?

But, only through that avenue (class action) would there be a chance of enough money to pay for the experts needed to link the injury to the design.

Pacific Gas & Electric -- that suit. Everyone got something. Erin Brockovich.

 

[Ohiogal]

Sounds like it's perfectly safe for a child but not for an adult.

And was there signage posted stating that?

 

[Mass_Shyster]

McDonald's Coffee. Enough said.

I believe the McDonald's plaintiff had around $20,000 in medical bills that McDonalds refused to pay. The jury award was one day's coffee profits.

 

[tranquility]

McDonald's Coffee. Enough said.

While a product liability case, it was not a design defect case. In addition, the injuries were severe. (That's not to say the OP's are not, but third degree burns all over your genital area is probably a bit ouchy.)

 

[Zigner]

While a product liability case, it was not a design defect case. In addition, the injuries were severe. (That's not to say the OP's are not, but third degree burns all over your genital area is probably a bit ouchy.)

I'm gonna borrow that for my sig line

 

[xylene]

As soon as Karen Alotovich is on this case...

 

[davidmcbeth3]

The waiver specifically states that YOU assume the risk here. You have no case against the facility.

From the waiver: "I understand there is a risk of injury from any play equipment. I acknowledge that while rules, equipment design, and supervision reduce risk, the risk of possible injury does exist. I voluntarily assume all risks to include identified and unidentified...I, on behalf of my heirs, assigns, personal representatives, and next of kin, herby hold harmless PlayDate PDX employees, owners and affiliates with respect to any and all injury, disability, loss or damages..."

No but he does against the manufacturer of the slide (who probably has more $$$ anyway)

 

[Zigner]

No but he does against the manufacturer of the slide (who probably has more $$$ anyway)

Possibly. Of course, we don't know who designed the slide or who manufactured it.

 

[hurtonslide]

And was there signage posted stating that?

I don't know if this was asked rhetorically to ecmst12, but there wasn't. If the slide is safe for children and the facility is allowing adults on despite numerous injuries (the friend I was with caught a bit of air too, but didn't get hurt), then this seems like it's a problem as well. If the slide is rated safe for up to a certain weight, then that needs to be posted.