Florida Man Files a Defective Product Claim Against Zip Line Company
August 12, 2013 | Category: Defective Products | ShareA Palm Beach County man is suing an Oregon-based manufacturing company after sustaining disabling injuries in a fall from what he claims was a defective zip line. The 71-year-old man purchased the zip line kit last year and installed it for his grandchildren to use whenever they visit. Port Charlotte personal injury attorneys report that defective products and inferior manufacturing processes can often cause serious injuries for unsuspecting users.
Last July, when the man attempted to ride the zip line as a final test before letting his grandchildren use it, the knots in the rope that secured the seat of the product allegedly unraveled, causing the seat to be dislodged from its position. The man fell almost 13 feet to the ground below. The man hit the zip line platform and suffered fractures to his mid-spine, as well as permanent, crippling spinal cord and nerve injuries that have left him partially paralyzed and without the use of several vital bodily functions as reported in The Oregonian.
The civil case against Sleaddventures LLC, describes the injuries the man sustained, and alleges that the manufacturing company is responsible for making and selling the defective product. The suit also claims that the company provided inaccurate and incomplete warnings, failing to let users know that the seat is secured only by knots, which may fray or unravel before or during use. Personal injury attorneys in Port Charlotte say that such a lawsuit must prove that the product distributed was defective in either make or function.
If someone suffers injuries as a result of a poorly made product, he or she may have grounds to file a lawsuit against the manufacturer or the distributer, depending on where the defect is, and how it occurred. Personal injury attorney Randall Spivey reminds residents that under Florida law, there are two primary categories for defective products—design and manufacturing defects. Manufacturing defects are errors caused during the product’s assembly, and are not intended as part of the product’s make. These errors usually only affect a few products in each batch, and the manufacturer is responsible for any manufacturing defects, regardless of who constructed the individually flawed product.
A design defect is a flaw in the original plans for the product, making it hazardous for consumers. This kind of defect will occur in every product, because the prototype and all original blueprints follow the same flawed design. If the injured party can prove that the manufacturer should have recognized the unreasonable danger to users, and should have adapted the design accordingly before production, he or she may be able to launch a lawsuit, Port Charlotte personal injury attorneys say. In the case of the zip line lawsuit, the injured man and his lawyers must prove that the knot system was an unreasonable and dangerous system for securing the zip line seat.
Although consumers cannot always protect themselves from flawed products, they can take every precaution available. Reading through instructions and warning labels is always helpful in mitigating the potential danger in new toys or equipment, as is using devices properly. At the Spivey Law Firm, Personal Injury Attorneys, PA, the Florida-based team represents anyone who has suffered injuries caused by defective product.