I’m so sorry to hear about your child’s accident. Although that type of incident is extremely rare, it does happen. Late last year, a playground equipment manufacturer issued a recall for hundreds of slides after reports of amputations involving children.
If your child has suffered serious injuries because of a defect with a piece of playground equipment, you have legal options. Normally, you would pursue a product liability case against the manufacturer of the defective equipment.
Product liability cases can be handled in a number of ways. The type of product, as well as the date it was designed or manufactured can determine how a case against the product manufacturer should be pursued. In some cases, the injured party can base their lawsuit on a breach of warranty claim, while other cases proceed under a theory of strict liability.
In a breach of warranty case, the injured party will claim that the manufacturer is liable because it breached a warranty, either express or implied, when a product was sold with defects. In other cases, a theory of strict liability is used. In strict liability, it is only necessary to show that the product was defective and the consumer was harmed.
There are several types of defects that are involved in product liability cases. Some products have design defects, and all products have the same issue. Other products have manufacturing defects which were caused by a problem with the manufacturing products. Other products may not have contained the proper warnings about their use.
If your child has suffered an amputation because of a defective piece of playground equipment, call me, Conal Doyle, Amputation Attorney at 310-385-0567. We will provide you with a free consultation on your case. Call today to learn more.