We allow, even encourage, our precious children to exercise and enjoy themselves at the playground. It is terrifying to think that this source of fun can also cause harm to our little ones. Awareness of the potential issues, some precautions to take, and knowing how to handle an injury should it occur are imperative.

Understanding the most dangerous playground equipment will help you troubleshoot your child’s play. However, if your child is injured on a playground, you will benefit from the assistance of a dedicated and knowledgeable premises liability lawyer. We will help find the party or parties responsible and pursue compensation for your losses. Call Colling Gilbert Wright today at (407) 712-7300 for a FREE consultation.

Most Dangerous Playground Equipment

According to the National Safety Council (NSC), nearly 80% of playground injuries are caused by falls. Falls, of course, can happen while climbing, swinging, sliding, and more. At public playgrounds, climbing apparatuses were responsible for most injuries. At home playgrounds, the swings were the most common culprit. More than 20,000 children a year are treated for a traumatic brain injury like a concussion.

While all playground equipment requires appropriate supervision and safety measures, some equipment has been associated with a higher incidence of injuries.

Swings

Swings are a staple of almost every playground, loved by children of all ages. However, swings are associated with a significant proportion of playground-related injuries. The momentum and height that a swing can achieve may lead to falls, especially if children jump off or are standing on the swing. There’s also a risk of being struck by a swing if a child walks in front or behind it. 

Ensuring swings are set a proper distance apart and are in good working condition can help to reduce these risks. Supervision, teaching children to use the swings correctly, and providing age-appropriate swing options can also make a difference in safety.

Heavy, animal-figure swings are some of the most dangerous. They have caused severe injury and death, and widespread removal has occurred. Additionally, glider swings that hold more than one child at a time have been deemed dangerous.

When teaching kids how to use equipment safely, remind them how to use the swing properly. Your child should always remain sitting while swinging, never swing with more than one child on the same swing, and never jump off a moving swing.

Climbing Equipment

Monkey bars, climbing ropes, and rock walls are just a few examples of climbing equipment found in many playgrounds. While these apparatuses are excellent for developing strength and coordination, they are also responsible for a significant number of injuries.

As stated above, falls from height are a primary concern, with broken bones being a common injury. Many playground safety experts recommend ensuring the surface under climbing equipment is soft enough to cushion falls and limiting the height of climbing apparatuses.

Additionally, free-swinging ropes should be removed or avoided. They can unravel, fray, or loop becoming dangerous not just for falls but as a strangulation hazard.

Trapeze Bars & Exercise Rings

Though trapeze bars and exercise rings are a terrific workout for kids, they are better used in a place with constant supervision. Falls from the equipment are common. Wrenching injuries that result in dislocations and broken bones can also result from unsupervised use.

Using these types of equipment in a gymnastics program where your child is taught proper use and supervised by a coach is ideal. On a playground, the chances are that kids will utilize the equipment for something other than its intended purpose, increasing their chance of injury.

Trampolines

While not traditionally seen as playground equipment, trampolines are increasingly found in public play spaces. They are known to cause a high number of injuries due to falls, awkward landings, or collisions between children.

The American Academy of Pediatrics advises against the recreational use of trampolines. They recommend their use only in supervised training programs for professional athletes. It may be hard to keep children off of trampolines. There are entire fun parks dedicated to trampoline play. However, supervision and clear safety precautions are vital to avoid serious injury.

Slides

Slides can pose a danger, particularly to young children. Improper use of slides (sliding headfirst or climbing up the slide surface) can cause accidents. Moreover, if a child’s clothing or accessories get caught, it could lead to a fall or strangulation.

Younger children may not have the physical coordination to use slides safely, so adult assistance and supervision are necessary. During hot weather, slide surfaces can heat up and cause burns.

Merry-Go-Rounds

While not as common as they used to be due to safety concerns, merry-go-rounds can still be found in some playgrounds. They can be dangerous due to their spinning motion, which can cause dizziness and lead to falls. Children can get their limbs caught underneath or be flung off if the merry-go-round spins too fast.

Seesaws & Teeter-Totters

Seesaws and teeter-totters can pose risks, primarily due to the potential for falls and pinching of fingers or hands. The seesaw seat may also hit children if the other child gets off suddenly. However, even with guidelines for making these types of equipment safer, like embedding tires in the ground under the seats, most seesaws and teeter-totters have been removed from public and private playgrounds because of the perception of danger.

Can Very Young Children Be Safe on a Playground?

Children under six benefit from being outdoors and developing their social skills with other children. The playground helps them do that, but a lot of playground equipment is unsafe for small children, even when they are closely supervised. 

Young children should not play on apparatus that requires upper arm strength, like parallel bars, overhead rings, and arch climbers. Other equipment that may be especially hazardous for very young children includes spiral slides, sliding poles, and log rolls.

Playgrounds should have an area where younger children can enjoy stimulating play safely. Spring rockers, low climbers, playhouses, and short enclosed slides are safer options for young children. Separating the space from older children engaged in more boisterous play also promotes safety.

Common Playground-Related Injuries

Bumps, bruises, and scrapes are common on playgrounds, sometimes indicative of a particularly exciting day of play. However, some playground injuries are more severe. Some common playground-related injuries that may require a trip to the doctor or hospital are:

• Broken bones
• Dislocations
• Lacerations
• Sprains & strains
• Internal organ injuries
• Back and spinal cord injuries
• Concussions

Though terrible to think of, some deaths have occurred while using playground equipment. The American Academy of Orthopaedic Surgeons (AAOS) reports that 147 children 14 or younger died from playground-related injuries over a 10-year timespan. 82 of those deaths were strangulations, and 31 were falls. “While most playground injuries occur on public playground swings and climbing equipment, 70% of deaths occurred on home playgrounds.”

Who May Be Liable for Your Losses?

Depending on the circumstances of the accident and injury, there are a few different ways you may be able to pursue compensation for your losses. These include:

Premises Liability

City or park authorities, the school district, and the owners of other playgrounds could be liable for an accident on their premises. Property owners in Florida have an obligation to keep their premises safe for visitors. When the property is a playground, there is a heightened responsibility to ensure the area and equipment are safe for children to use without unreasonable risk of injury.

The owner or operator of a playground open to the public must inspect it regularly for hazards. When a problem is discovered they must remediate it as quickly as possible. Until the problem is fixed, the owner or operator must restrict access to that area of the playground and post clear warnings against entry.

Even the owners of a private home playground have a responsibility to others. Florida follows the attractive nuisance doctrine, which makes property owners responsible for injuries to a trespassing child if their property contains a feature that would induce the child to enter. If your child trespassed on a neighbor’s property and was hurt on a their playset, the property owner could be liable for your child’s injuries.

Product Liability

If the playground equipment was defective in some way, you might have a product liability claim. The designer, manufacturer, or seller (among others) could be liable for the injuries to your child.

When the design of the equipment was faulty or there was an error in the manufacturing process, the manufacturer could be strictly liable for your child’s injuries. Strict liability might also apply if the warnings or installation instructions were inadequate. 

Attorneys at The Florida Firm also could explore whether anyone involved in producing, selling, buying, or installing the equipment was negligent. If so, their negligence could make them liable.

Read More: Are Product Liability Cases Strict Liability?

Negligent Supervision

When you entrust your child to the supervision of a third party (babysitter, another parent, teacher, daycare worker, camp counselor, etc.) and they fail to provide adequate oversight, you may have a case of negligent supervision.

How to Protect Your Child from the Most Dangerous Playground Equipment

A crucial factor in reducing playground injuries is providing appropriate supervision. Many accidents occur due to misuse of the equipment or lack of understanding of the risks involved. The NSC recommends that kids are strongly supervised, that equipment and ground surfaces are checked for potential hazards, and that children use age-appropriate equipment. It is also important to teach them safe behaviors for using the equipment.

To avoid strangulation hazards, the American Academy of Pediatrics advises that kids shouldn’t “wear or play with anything that could get caught on equipment and become a strangulation hazard.” No one should attach a rope, pet leash, jump rope, or other hazard to playground equipment. Don’t allow your child to wear a sweatshirt with a drawstring, necklace, or helmet when playing at the playground.

Regular maintenance of playground equipment is vital to prevent malfunctions or degradation that could lead to accidents. In addition, implementing safety measures such as shock-absorbing surfaces under equipment, guardrails for elevated surfaces, and ensuring equipment is spaced out to prevent overcrowding can significantly improve playground safety.

What Is the S.A.F.E. Framework?

The National Program for Playground Safety developed a set of protocols for playgrounds aimed at reducing injuries. Called the SAFE Framework, these  protocols were released in 1996 and have been widely, but not universally, adopted. Familiarity with the SAFE Framework can help you choose a place for your child to play. 

The acronym stands for:

•  Supervision, emphasizing that adults must be actively engaged in observing children on the playground
•  Age-appropriateness, tasking playgrounds to install equipment appropriate for various ages and separate the play area for the youngest children
• Footing, reinforcing that at least 12 inches of non-toxic cushioning material should surround playground equipment 
• Equipment maintenance, which is crucial to foster safety

Parents should keep these principles in mind when inspecting playgrounds and deciding if it is an acceptable option for your children.

If your child is hurt on a playground, attorneys from The Florida Firm could investigate to determine whether the property owners adhered to the SAFE Framework. If not, the deviation could be evidence of negligence.

Why Should You Call the Lawyers at Colling Gilbert Wright?

While all playground equipment has the potential to cause harm if not used correctly or if in disrepair, some pieces of equipment are associated with a higher risk of injury. Understanding these risks and implementing safety measures can help reduce the likelihood of playground injuries. However, it’s crucial to remember that no piece of equipment can be considered entirely safe without proper supervision, regular maintenance, and adherence to safety guidelines.

If your child was injured in a playground accident, you are probably scared and devastated. Now is the time to contact the lawyers at Colling Gilbert Wright. We can guide you through the process and handle the legal ins and outs while you focus your energy on helping your little one heal. Other local attorneys and professionals refer their playground injury cases to us because they know they can rely on our professionalism, skill, and empathy for our clients.

Accidents can happen at any time and on any apparatus, not just the most dangerous playground equipment. You will need help to establish what party or entity’s negligence led to this event. Our lawyers have the compassion and experience to seek the justice and compensation you deserve. We represent clients in Orlando and all of Florida.

The post What Is the Most Dangerous Playground Equipment? appeared first on Colling Gilbert Wright.

If your child has been hurt, you may be able to pursue legal recourse, and understanding your rights is the first step toward seeking justice. A playground injury lawsuit could help provide the financial support your family needs during this difficult time and hold the negligent party accountable for what your child has endured.

At Colling Gilbert Wright, we understand how devastating it is to see your child in pain, and we’re here to help you through this trying time. If your child was injured in a playground accident, you don’t have to face it alone. Our compassionate premises liability attorneys in Orlando are here to listen, guide, and fight for the justice your family deserves.

Call us today at (407) 712-7300 to schedule a FREE consultation. We proudly serve our neighbors in Orlando and throughout Florida.

How Safe Are Florida Playgrounds?

Playgrounds should be places of joy, but hidden dangers can turn playtime into a tragedy. Despite safety guidelines from the Consumer Product Safety Commission (CPSC) and the American Society for Testing and Materials (ASTM), many playgrounds suffer from poor maintenance, outdated equipment, or inadequate supervision.

According to the CPSC, over 200,000 children visit emergency rooms annually for playground-related injuries, many of them serious. Schools and municipalities have a duty to keep these spaces safe, but when they fail, children can suffer life-altering harm.

What Is the Most Common Playground Injury?

The most common playground injury is a fracture or broken bone, often from falls. The National Safety Council (NSC) reports that nearly 80% of playground injuries involve falls, which can lead to concussions, dislocations, and internal injuries. Though some kids will walk away with only bumps and bruises, others will have injuries that can affect their development and future well-being.

What Is the Most Dangerous Playground Equipment?

Some playground structures pose greater risks than others. The most hazardous include:

• Monkey bars & Climbing Frames: A leading cause of fractures and head injuries.
• Swings: Often involved in falls and impact-related playground accidents.
• Slides: Can cause burns from hot surfaces or serious falls from excessive height.

While playgrounds are meant to encourage activity, they should never put a child in harm’s way. When safety standards aren’t followed, the consequences can be devastating.

Can I File a Playground Injury Lawsuit If My Child Was Hurt?

If your child was injured due to negligence, you may have grounds for a playground injury lawsuit. Under Florida premises liability laws, property owners—including schools, parks, and daycare centers—must maintain safe conditions. Negligence may include:

• Poorly maintained or defective equipment.
• Lack of supervision at a school or daycare.
• Failure to follow playground safety regulations.

No parent should have to deal with the emotional and financial toll of a preventable injury alone. An Orlando personal injury lawyer can help you explore your options and seek the support your child needs.

Can You Sue a School If Your Child Gets Hurt on the Playground?

Yes, but holding a school accountable can be legally complex due to Florida’s sovereign immunity laws. Public schools have certain protections under sovereign immunity laws, which generally shield government entities from lawsuits.

However, Florida law waives sovereign immunity in certain cases. It allows claims against public schools for negligence when specific legal requirements are met. If negligence—such as inadequate supervision or failure to maintain safe conditions—played a role in your child’s injury, you may still have a case. Following the strict legal procedures required to hold a public entity accountable is crucial.

Keep in mind that private schools and daycare centers do not have the same legal protections and can be fully liable for their negligence.

Types of Playground Injury Lawsuits

Several types of playground injury lawsuits may apply, depending on the circumstances of your child’s playground accident, including:

• Premises Liability Claims: When property owners fail to maintain a safe environment
• Product Liability Claims: If defective playground equipment caused the injury
• Negligence Claims: When lack of supervision or unsafe conditions contribute to harm
• Wrongful Death Claims: In heartbreaking cases where a playground accident results in the tragic loss of your cherished child

Every child deserves a safe place to play. When that safety is compromised, legal action can provide families with a modicum of justice and the resources they need to heal.

Who’s Liable for a Playground Injury?

Determining liability for a playground injury depends on the circumstances. Responsible parties may include:

• Schools & Daycare Centers are responsible for supervising children and ensuring safety.
• Property Owners must maintain safe conditions in parks, apartment complexes, or other businesses with playgrounds.
• Manufacturers may be held liable if faulty equipment caused the injury.

An experienced attorney can help identify who is responsible and hold them accountable for your precious child’s injury.

What to Do if My Child Is Injured on a Playground

A playground accident can be terrifying, and in the moment, your only concern is your child’s well-being. Some steps may not be possible right away, and that’s okay—your focus should always be on getting them the care they need.

When you’re able, taking the following actions can help protect their health and legal rights:

1. Seek medical care: Even if injuries seem minor, a doctor should evaluate your child to rule out anything serious.
2. Document the scene: If possible, take photos of dangerous playground equipment and unsafe conditions.
3. Report the injury: Notify the school, daycare, or property owner to create an official record.
4. Gather witness statements: If there were teachers, caregivers, or other parents nearby, their accounts may be helpful later.
5. Consult an Orlando premises liability lawyer: A distinguished and compassionate attorney can help you understand your options and fight for the compensation your child deserves.

Your child’s health and future come first. Seeking legal guidance can help ensure they receive the care, support, and justice they deserve.

Contact the Orlando Playground Injury Lawyers at Colling Gilbert Wright for Help

No parent should have to wonder how they’ll afford medical care after a playground accident. They should be able to give all their attention to their little one’s well-being. If your child was hurt due to negligence, a playground injury lawsuit may provide the financial relief your family needs to focus on the important things.

At Colling Gilbert Wright, we do what’s right for our clients, and we do it exceptionally well. Contact us today for a FREE case evaluation. Let’s get your family the justice you deserve.

The post Can I Sue After a Playground Injury? appeared first on Colling Gilbert Wright.

The school playground is the leading location of school injuries. They comprise 32.6% of all the injuries suffered in elementary schools. While some of these injuries may result from collisions, trips, and similar accidents, most result from equipment-related safety hazards. In fact, “Most injuries occurred with climbing apparatuses (36%), followed by swings (25.9%) and slides (20.9%).”

It’s important to know exactly what the most dangerous playground equipment is so that we can protect our children from frightening injuries and accidents. If your child was injured on dangerous playground equipment, you may have a legal claim for compensation.

Call the compassionate attorneys at Colling Gilbert Wright at (407) 712-7300 for a FREE case evaluation today. We are proud to serve our neighbors in Orlando and throughout Florida.

What Is the Most Hazardous Equipment on a Playground?

We hate to even think about the playground being dangerous for our precious children. However, being aware of the dangers could keep those kids safer.

The most dangerous playground equipment includes:

• Climbing equipment
• Swings
• Slides

While climbing equipment seems to be responsible for more injuries in public and school playgrounds, swings seem to cause more injuries in the backyard. Falls from heights and collisions when equipment isn’t spaced correctly can lead to serious injuries. The resulting medical bills can financially strain a family.

If your child’s injury was caused by negligence, like defective or poorly installed or maintained equipment, you may be able to file a personal injury lawsuit to secure compensation. Though a settlement won’t erase your child’s pain, it may allow you to give all your focus to helping them heal.

Safety Risks Associated with Playground Climbing Equipment

Almost 80% of injuries on the playground are due to falls. A variety of situations can cause these, but the primary hazard associated with playground climbing equipment is the risk of falls. This includes both falls while climbing and falls from the top of climbing structures.

Although plenty of playground climbing structures are no more than 6 feet tall, even falls from this height can pose serious risks for children of all ages. Common injuries in falls from playground climbing equipment include:

• Back & spinal cord injuries
• Broken & dislocated bones
• Concussions
• Cuts requiring stitches or sutures
• Emotional trauma
• Severe bruising
• Soft tissue injuries (sprains, strains, and tears)

Climbing walls, geo domes, rope ladders, rigid ladders, and other types of playground climbing equipment present similar risks. Poor design, poor construction, inadequate maintenance, and materials that are slippery when wet are all common factors in playground climbing equipment accidents.

Children can also suffer injuries from falling from climbing equipment onto unsafe surfaces or other playground objects. The surfaces installed under climbing equipment should be designed to absorb shock. In addition, playground layouts should provide space around climbing equipment so that children have room to climb safely to the ground.

It’s terrible to think that a joyful moment can turn into a nightmare for you and your child. Understanding these risks will help you avoid injuries. However, should your child suffer an accident due to negligence, know that you have options for justice.

Safety Risks Associated with Playground Swings

Swings are staples of public and home playgrounds. While they can be safe for children of appropriate age and height, they can also be dangerous if designed or installed improperly.

Some of the most common safety issues associated with swing sets include:

• Swing sets installed too close to other playground equipment
• Installation of unsafe surface material below swing sets
• Use of dangerous chains or couplings
• Inadequate maintenance of swings
• Swings installed too high off of the ground

As with playground climbing equipment, the greatest danger associated with swing sets is the risk of fall-related injuries. However, collisions (e.g., a swinging child colliding with another child on the ground) and other types of accidents can also result in serious injuries.

While children will be aware of certain injuries right away, concussions and other internal injuries may not become apparent for hours or even days after an accident occurs. As a result, children’s symptoms should be monitored after playground accidents. Parents should seek medical attention promptly if they have any concerns about their child’s condition.

These delicate little people we adore and watch over can’t always communicate what is going on. We must be vigilant and err on the side of caution whenever dealing with a playground injury. If it ends up that there is a party responsible for your child’s injury, we may be able to advocate for your family through a dangerous playground equipment lawsuit.

Safety Risks Associated with Playground Slides

Though a favorite, slides can be among the most dangerous playground equipment. The most common danger with slides involves falling, particularly from the top or while climbing the ladder. However, there are several ways to be injured on a slide.

Accidents and injuries common on slides may include:

• Fractures or Broken Bones: Arms and legs are often injured when trying to break a fall or caught on a defective or damaged slide.
• Head Injuries: Kids could strike their head on the slide or the ground.
• Burns: Slides can become dangerously hot on summer days, causing severe burns.
• Collisions: Children can collide on or at the bottom of the slide and be injured.

Poor maintenance of slides can lead to cuts, abrasions, or entrapments (e.g., sharp edges, broken components). Using shock-absorbing materials underneath a slide can help to prevent more severe injuries.

If your child is injured on or around a slide due to defective materials, poor design, or negligent supervision, you may have cause to pursue legal action. Consulting an attorney can give you a better idea of the different avenues to compensation.

What Is the Number One Cause of Death on Playgrounds?

Strangulation is a serious concern in playground safety and is possibly responsible for more than half of playground deaths. It can often be caused by entanglement in “ropes, shoestrings, cords, leashes, clothing strings, and other items tied to, or entangled on the equipment.” Improperly designed swings can also be a culprit in strangulations.

Additionally, falls from heights remain the most common cause of injury and the second most serious concern for death on the playground. Climbing apparatuses and slides are the most dangerous playground equipment for falls.

The lack of proper safety measures can also cause fall accidents. Playgrounds should have shock-absorbing surfaces like rubber mats designed to cushion falls. Unfortunately, not all public or home playgrounds meet suggested safety standards.

If a child’s life is lost due to unsafe playground equipment or negligence in maintenance, your family may be able to pursue justice through a wrongful death lawsuit. Seeking compensation could help cover medical bills, funeral and burial costs, and other damages related to the loss of your most precious child.

There may need to be an investigation to establish if the accident was due to dangerous equipment, a lack of safety standards, or negligent supervision. If the liable party is determined and you have a viable claim for compensation, your attorney can help you take the appropriate next steps.

Who Is Liable When a Child Gets Injured on Dangerous Playground Equipment?

Injuries from accidents involving climbing apparatuses, swing sets, and other dangerous playground equipment can be incredibly expensive. Parents can incur substantial medical bills. In some cases, children will need long-term care. Therefore, in the aftermath of a playground accident, parents should explore their options for recovering financial compensation.

Depending on the circumstances, various entities can potentially be liable for child injuries resulting from dangerous playground equipment. For example, parents may have claims against:

• Playground Equipment Companies: If a climbing apparatus or swing set is dangerous as a result of the way it was designed or manufactured, then the maker of the playground equipment may be liable in the event of an accident (product liability claim).
• Playground Construction Companies: Playground construction companies can be held liable when they improperly design playground layouts, choose improper surface materials, and build climbing apparatuses and swing sets improperly.
• Park Authorities, Schools, and Other Playground Owners: Park authorities, schools, and other playground owners can also face liability for accidents as a result of failing to prevent access, failing to conduct necessary maintenance, or failing to provide adequate supervision as required (premises liability claim).

What Playground Equipment Has Been Banned?

Over the years, some of the most dangerous playground equipment has been banned or phased out. Due to the high risk of injury, these different pieces of equipment have been removed from playgrounds:

• Metal Slides due to the danger of children being burned.
• Teeter-Totters have been banned in some regions because of falls and fractures.
• Jungle Gyms have been replaced with safer crawler webs due to danger of falls and burns.

When banned equipment leads to your child’s injury, your family may have recourse through a premises or product liability claim.

Contact a Lawyer If Your Child Was Injured Due to Dangerous Playground Equipment

At Colling Gilbert Wright, we recognize the challenges faced by families after a child is injured on a playground. If unsafe or faulty equipment was to blame, you should not have to face the burdens alone. Our team investigates the accident to determine what caused your child’s injury and the party or parties responsible.

Injury to a child is the most unfair. They are innocent and in need of protection. Being aware of the most dangerous playground equipment helps us to protect them, and in the unfortunate case that they are still injured, that awareness will help us find those responsible and hold them to account.

For a FREE consultation, please contact Colling Gilbert Wright today. Our lawyers handle dangerous playground equipment claims in Orlando, Tampa, Miami, and throughout Florida. We are proud to help our neighbors and their families and look forward to evaluating your case.

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As consumers, we have a right to these reasonable expectations. We are entitled to rely on product manufacturers to provide safe and effective products that we can use for their intended purposes. It is for this reason that most product liability cases are governed by the law of strict liability.

5 Types of Product Liability Cases

Strict liability laws in Florida and other states hold product manufacturers strictly liable for accidents and injuries caused by defective products. Under these laws, proof of negligence isn’t necessary to file a successful claim for damages.

However, in some cases it may be easier to prove that a manufacturer was negligent than to prove that a product qualifies as “defective.” As a result, the laws in Florida and other states allow plaintiffs to file negligence claims against product manufacturers as well. In many cases, plaintiffs can also file claims based on contractual or statutory warranties.

With this in mind, here are the five main types of product liability cases:

1. Defective Design (Strict Liability)

Product liability cases based on defective design are governed by strict liability. A product is considered defective in its design if it is unsafe for its intended use even when it is manufactured properly.

For example, if a piece of furniture is top-heavy and doesn’t come with an adequate wall mount to keep it from tipping over, this would be classified as a design defect.

2. Defective Manufacture (Strict Liability)

Product liability cases based on defective manufacture are also governed by strict liability. These cases involve safety hazards and other issues that arise due to issues during the manufacturing process.

This could include issues with the manufacturing process itself (i.e., using the wrong material or assembling a product improperly), issues during manufacturing (i.e., an employee dropping a product on the floor and compromising its integrity), and/or issues with quality control.

3. Failure to Warn (Strict Liability)

The third type of strict liability case is commonly referred to as “failure to warn.” Product manufacturers have a legal obligation to include necessary warnings with their products.

Generally speaking, warnings are necessary when a risk associated with the ordinary use of the product would not be obvious to the average consumer. For example, the tobacco litigation in the 1990s centered on the allegations that the cigarette companies failed to adequately warn consumers of the addiction and cancer risks associated with their products.

4. Negligence

Even if it is not possible to prove that a product is defective, it may still be possible to prove that the manufacturer and/or another company was negligent. Negligence involves breaching a duty of care.

If a product manufacturer fails to adequately supervise its manufacturing processes or fails to conduct adequate quality control, or if a retailer fails to pull expired products from its shelves, these are two examples of scenarios in which consumers could potentially pursue claims for damages based on negligence.

5. Breach of Warranty

Breach of warranty claims offer another alternative to strict liability when it isn’t necessarily clear that a dangerous product qualifies as “defective.” In dangerous product cases, there are three primary types of warranty claims:

• Breach of Express Warranty – Express warranties are written warranties contained in a purchase contract or a product’s documentation.
• Breach of Implied Warranty of Merchantability – The majority of consumer products sold in the United States are subject to an implied warranty that they will function as intended. This is known as the implied warranty of merchantability.
• Breach of Implied Warranty of Fitness for a Particular Purpose – If a manufacturer or seller has reason to know that consumers will use a product for a particular purpose, then it must warranty the product for that purpose.

How Do You File a Product Liability Claim?

Let’s say you think you may have a product liability case. What should you do next? If you have not taken any of the following steps already, you should do so as soon as possible:

• Seek medical treatment for your injuries
• Keep the product’s packaging or container (if you still have it)
• Keep the product and/or its broken parts
• Take photos or video of the product, your injuries, and the location of the accident
• Schedule a free consultation with an Orlando product liability lawyer

Talk to an Orlando Product Liability Lawyer for Free

If you would like to speak with a lawyer about filing a product liability claim, we invite you to schedule a free consultation. Please contact Colling Gilbert Wright by calling (407) 712-7300 today to get started.

The post Are Product Liability Cases Strict Liability? appeared first on Colling Gilbert Wright.

When a defective product causes an injury, the product’s manufacturer can—and should—be held legally responsible.

If you were hurt by a negligently designed or manufactured product, the Orlando defective product lawyers at Colling Gilbert Wright can help. These types of cases can be very difficult to prove without the knowledge, skill, and resources of a proven law firm. Call us now to discuss your case for free.

Below is an overview of what you can do if you have been injured by a defective product in Florida:

1. Take Care of Your Medical Needs

If you have an injury caused by a defective product, you should not hesitate to take care of your medical needs. You can use your health insurance for now. If you have a product liability claim against the product’s manufacturer, your claim will include just compensation for your medical bills. This includes reimbursement for your medical bills to date as well as funds to cover your anticipated medical needs in the future. 

2. Find Out if the Product Has Been Recalled

You can check online to see if the product has been recalled. The federal government maintains a website, www.recalls.gov, that publishes information about recalls involving consumer goods, motor vehicles, boats, foods and medicines, cosmetics, and other products. You can also search for the product and manufacturer on Google to see if any press releases or news reports have been filed. 

Why does it matter if the product has been recalled? While you can file a product liability claim regardless of whether a recall has been issued, a recall can serve as evidence of the defect. This isn’t the only evidence you will need, but it can certainly help if the manufacturer has acknowledged an issue with the product that caused your injury. 

3. Talk to a Lawyer about Your Legal Rights

If you have a product liability claim, you will need to hire a lawyer to assert your legal rights. The first step in this process is to schedule a free initial consultation. To prepare for your free initial consultation, you should take notes and collect as much evidence as possible. This includes:

• Taking notes about how you got injured
• Taking notes about what you did after the accident 
• Taking notes about where and when you purchased the product
• Locating your receipt for the product or other evidence of purchase (i.e., your credit card statement)
• Collecting your medical records and bills to date
• Making sure you still have the product (or as much of the product as possible) 
• Preserving the product’s packaging (if you still have it) 

4. File a Product Liability Claim 

After speaking with you, your lawyer may investigate or conduct some additional research to determine if you have a claim. If it appears that you have a claim, then the next step is to take legal action. Your lawyer will file your claim on your behalf, and then your lawyer will go through the process of seeking to resolve your claim through a favorable settlement. 

Like other types of injury claims, most successful product liability claims settle without going to trial. Your lawyer will use the available evidence to convince the manufacturer’s (or other appropriate party’s) insurance company to accept liability, and then your lawyer will argue for just compensation based on your medical needs, loss of income, pain and suffering, and other losses. 

5. Take Your Claim to Court if Necessary

While most successful product liability claims settle, you should not feel pressured to settle if the insurance company is unwilling to offer a reasonable amount. You can take your claim to court, and your lawyer can argue for a fair verdict in front of the judge or jury. Even though going to court adds to the duration of the process, the additional waiting time will be well worth it if it means collecting the full compensation you deserve. 

If you have been injured by a defective product, your focus should be on making sure you are able to file a successful claim for compensation. The clock is ticking, so it is important that you take action promptly. Our Orlando product liability attorneys can explain everything you need to know, and we can take all necessary action to assert your legal rights. 

Get a Free Consultation with an Orlando Product Liability Lawyer

To learn more about what you can—and should—do after being injured by a defective product, schedule a free, no-obligation consultation at Colling Gilbert Wright. Call us at (800) 766-1000 or send us a confidential message online to speak with an Orlando product liability attorney as soon as possible.

The post What Can People Do When Injured by Defective Products? appeared first on Colling Gilbert Wright.

For patients who undergo treatment involving the use of defective medical devices or who receive defective medical device implants, the costs can be substantial. This includes the financial costs of receiving any necessary treatment and/or having the device removed, but also the non-financial costs of coping with the effects of the faulty device.

Due to the substantial costs of receiving and recovering from a defective medical device implant or use of a defective medical device during treatment, many patients and families will find it necessary to file claims for compensation. When pursuing a claim, one of the first questions that must be answered is: Who is liable for the defective medical device?

Establishing Liability for a Defective Medical Device

There are several possibilities when it comes to establishing liability for a defective medical device. Each case is different, so patients and their families must work with experienced legal counsel to determine what claim or claims they can file.

Generally speaking, the parties that may be liable for defective medical devices include:

• The Designer of the Defective Medical Device – If a medical device is defective as a result of the way it was designed, then the company that designed the device could be liable. For example, if an implantable medical device is too fragile due to its structure or the materials selected to construct the device, then any patients who received the device may be able to sue the design company for just compensation.
• The Manufacturer of the Defective Medical Device – If a medical device was appropriately designed but is unsafe as a result of an issue that occurred during the manufacturing process, then the manufacturer could be liable. These manufacturing defects can include everything from using substandard materials or improper manufacturing processes to dropping manufactured devices on the warehouse floor.
• A Company That Sold the Defective Medical Device – Companies that sell defective medical devices can also face liability when defects lead to serious or fatal complications for patients. This is based on the “chain of distribution” theory of strict liability in defective product claims. Under this theory, all companies involved in putting a defective product on the market can be held liable even if they did not play a role in the product’s design or manufacture.

Determining the nature of a defect (i.e., whether it is a design defect or a manufacturing defect) requires a thorough inspection of the device itself. But, for certain well-known defective medical devices – such as IVC filters and transvaginal mesh – the nature of the defect has already been established.

Patients will face a number of difficulties if they try to pursue a defective medical device claim on their own. It is important to contact an attorney as soon as possible for assistance gathering evidence and building your case.

Can You Sue Your Doctor for Using or Implanting a Defective Medical Device?

What about your doctor? Is your doctor liable for utilizing or implanting a defective medical device?

In some cases, patients and their families can sue healthcare providers for injuries sustained as a result of a defective medical device. A key question in these cases is whether the healthcare provider knew or should have known of the defect.

If a doctor has no reason to suspect that a medical device is defective, then that doctor generally will not be liable for malpractice as a result of using the device. On the other hand, if a doctor knows or should have known about a defect and uses a device anyway, then this could give rise to a medical malpractice claim.

In the latter scenario, the question becomes whether the doctor’s use of the device amounts to a deviation from the applicable standard of care. Was using the device still the best option given the circumstances presented and what was known at the time, or did the doctor’s decision to use the device amount to a deviation from current medical standards?

Talk to a Florida Defective Medical Device Attorney About Your Legal Rights

Claims involving defective medical devices can be extremely complex. Sometimes only one or a few patients experience adverse effects from the faulty equipment, while in other cases thousands of patients may be harmed by the same device.

It is important to consult an attorney as soon as possible if you or a loved one suffered injury due to a medical device defect. Colling Gilbert Wright has the experience to determine what caused the injury and build a strong claim on your behalf against the party or parties responsible.

Please call (407) 712-7300 today for a free case evaluation with Colling Gilbert Wright. Our defective medical device attorneys serve clients throughout Florida, including Orlando, Tampa, Miami, and other areas.

The post Who Is Liable for a Defective Medical Device? appeared first on Colling Gilbert Wright.

Cars are made up of hundreds of individual components. The failure of even a single component can potentially lead to a serious or fatal accident.

When Is a Vehicle Component Defective, and Why Is This Important?

What Constitutes a Vehicle Defect?

A vehicle component – or any type of product – is considered defective if it is unsafe for its intended use. There are two main types of defects that are relevant to car accidents:

• Design Defects – A vehicle component is considered to have a design defect if it is unsafe even when manufactured and used as intended. For example, if a brake caliper does not apply enough pressure to safely slow and stop a vehicle, then the brake caliper could suffer from a design defect. Alternatively, if an accelerator pedal is prone to getting stuck because of its size or shape, this could also reflect a design defect.
• Manufacturing Defects – A vehicle component is considered to have a manufacturing defect if it becomes dangerous due to an issue during the manufacturing process. For example, if a properly designed engine gasket cracks during installation at the factory, this would be considered a manufacturing defect. If a manufacturer uses the wrong compound to make a tire or brake pad, this would be considered a form of manufacturing defect as well.

Some vehicle defects will create issues immediately. An issue with a vehicle’s accelerator pedal, for example, could lead to a crash the first time a driver gets behind the wheel. In other cases, however, the defect will only become dangerous over time.

Regardless of how or when a defect becomes dangerous, drivers and passengers have the same legal rights under Florida law (more on this below).

What Types of Vehicle Defects Can Cause Car Accidents?

Vehicle defects are far more common than most people realize. Each year, automotive manufacturers and the National Highway Traffic Safety Administration (NHTSA) issue numerous recalls for defective components.

Some of these defects are relatively minor. Others, however, have the potential to cause dangerous accidents.

For example, if any of the following components are defective, this could significantly increase the risk of a driver losing control and suffering serious or fatal injuries in a crash:

• Accelerators
• Brakes
• Chassis
• Cooling systems
• Electrical systems
• Engines
• Lights
• Tires
• Transmissions
• Wheels

Defects will often affect large numbers of vehicles. This is particularly true of design defects, which can affect all vehicles in which the defective components are installed.

Depending on the circumstances, manufacturing defects may affect smaller numbers of vehicles. However, issues with the manufacturing process can lead to every vehicle coming off of the assembly line suffering from the same defect.

Why Is It Important If a Vehicle Component Is Defective?

If a vehicle component is defective, this has significant implications under Florida law. While most car accident claims are governed by the law of negligence, product defect claims are frequently governed by the law of strict liability.

In cases involving negligence, recovering financial compensation requires proof that someone else was at fault. For example, in order to seek fault-based auto insurance coverage (as opposed to “no fault” personal injury protection (PIP) coverage), you need to be able to prove that the other driver made a mistake that led to the collision.

But, in cases involving strict liability, proof of negligence is not required. If you were injured in an accident caused by a vehicle defect, proving that a defect existed and your injuries were directly caused by the flaw is enough to establish a claim for financial compensation. You do not need to be able to prove that the automotive manufacturer was negligent in order to recover your accident-related losses.

What Should You Do If You Suspect a Vehicle Defect Caused a Car Accident?

If you have been injured or lost a loved one in a car accident that you suspect may have been caused by a vehicle defect, what should you do? If you still have the vehicle, you should take plenty of photos before the vehicle gets repaired or taken to salvage.

You should also contact a Florida car accident lawyer as soon as possible. A thorough investigation will be necessary to prove the existence of the defect, and getting started promptly could be essential to securing a financial recovery.

Speak with a Florida Car Accident Lawyer Today

Multiple factors can lead to serious auto accidents. Although the driver of the other vehicle is typically at fault for the crash, it is crucial not to overlook defective parts and components, as well as other potential causes.

Do you have questions about seeking financial compensation for a vehicle defect? If so, contact Colling Gilbert Wright for a free, no-obligation consultation by calling (407) 712-7300 today. Our car accident lawyers serve clients in Orlando, Tampa, Miami, and throughout Florida.

The post How Can a Defective Product Cause a Car Accident? appeared first on Colling Gilbert Wright.

Our Orlando lawyers specialize in defective product claims and have decades of experience fighting on behalf of injured victims and their families.

The Date of Discovery

The time limit for product liability claims starts ticking on the “Date of Discovery” which means the day that you first realize (or should have realized) a defective product caused the injury. You then have four years to start the litigation process. After four years, you cannot pursue justice or compensation for the damage and associated expenses. Florida also has a “Statute of Repose” under which the time limit is extended no matter the discovery date to 10-20 years, but many stipulations apply.

You can’t pursue a product liability claim if you altered the product or used it in a way that it was not intended such as removing safety features from a tool that later causes the injury. However, you may still have the opportunity to file for non-strict liability or comparative negligence because manufacturers are required to consider ways that their product can be misused and provide appropriate safety measures to avoid injury if it’s used in that way.

How to Pursue a Lawsuit and Compensation from a Retailer or Manufacturer

Three legal categories allow you to sue the retailer or manufacturer of the defective product: Negligence, Strict Liability, and Breach of Warranty. Defective products caused by negligence often involve faulty manufacturing and failure to discover or warn consumers of the dangers associated with its use. Strict liability claims don’t have to prove negligence and instead just have to show that the defective product led to your injuries. Breach of warranty is involved when an injury happens while using the product the way it was intended.

Sellers or manufacturers can be held liable if:

• They failed to correct or notice a severe product flaw.
• They failed to recognize the dangers associated with using the product.
• They failed to list or provide information on the hazards and risks associated with using the product.

Contact Our Product Liability Attorneys in Orlando

Defective products can involve children’s toys, medical devices, work tools, and any product that has been recalled or caused injury or death. Product liability claims are complex and require detailed knowledge of Florida Law and the process of establishing fault.

If you or someone you know was injured by a defective product, please contact our attorneys at Colling Gilbert Wright today by calling (407) 712-7300 for a FREE consultation. We serve clients nationwide and are based in Orlando, Florida.

The post What You Need to Know About Time Limits & Defective Products appeared first on Colling Gilbert Wright.

Dozens of children’s toys and clothing are recalled each year, and these five were recalled in the weeks leading up to Christmas, which means your kid may have opened a present containing a dangerous product.

1. HoMedics Nightlights: Small children love nightlights and often want one that looks like their favorite cartoon character or animal. HoMedics recalled their giraffe nightlight in November due to a choking hazard caused by the detachments of the giraffe feet. If your child uses this nightlight, stop using it right away and contact HoMedics for a refund.
2. Skip Hop High Chairs: The convertible high chair manufacturers recalled this Skip Hop product on December 6 because of the risk of the legs detaching from the seat, causing babies and small children to fall off the chair. The convenience of a convertible high chair is an attractive idea to most parents, but if you use this particular branded product, stop using it immediately and contact Skip Hop for reimbursement options.
3. The Company Store’s Children’s Bathrobes: After selling around 13,000 children’s bathrobes, The Company Store recalled this product on December 13 due to the risks of burn injuries. The bathrobes don’t meet the standards for flammability for kid’s sleepwear. Take these away from children immediately and contact the company. The Company Store is contacting consumers who purchased the item also.
4. The Children’s Place Infant Snowsuits: This isn’t your typical gift for infants in Orlando, but our nationwide clients may have been gifted or purchased these snowsuits this holiday season. The Children’s Place infant snowsuits were recalled on December 18 because the metal snaps can fall off and pose a choking hazard. The store sold approximately 14,900 snowsuits before the recall. If you have one or more of these, stop using them and contact the company for a full refund.
5. Find the Bear Book by Manhattan Toy: This fabric flap book is an interactive learning tool for small children. Find the Bear was recalled on December 19 because one of the pages that have a metal grommet can break apart causing a choking hazard. If your child has this book, take it away from their reach immediately and return it to the store or online outlet.  

These are just five of the children’s products recalled in 2018 that might be lurking in your household. You can stay up to date on recalled goods and merchandise by checking the CPSC product recalls page.

Contact a Product Liability Lawyer in Orlando

If a toy or child care product injured your child, please contact our product liability lawyers in Orlando as soon as possible at (407) 712-7300 for a FREE case evaluation. Colling Gilbert Wright provide personal injury legal services to clients nationwide and Orlando, Florida.

The post 5 Toys Recalled Before Christmas: Does Your Child Have One? appeared first on Colling Gilbert Wright.

At Colling Gilbert Wright, our dangerous drug lawyers have extensive experience handling cases of prescription drugs that have injured someone because of a defect or inadequate testing. Prescription drugs also often have serious side-effects associated with them and it’s the responsibility of your doctor to prescribe you the correct medication for your condition as well as provide you with comprehensive instruction on how and when to use it.

Not every drug is dangerous and harmful when you take it for your condition. However, it’s important to know that there are certain prescription drugs on the market that have been known to cause serious side-effects, injury, and even death to those who take them. Some of the drug claims that our lawyers have represented include:

• Xarelto: Used for stroke or blood clots but can increase risk of internal bleeding and death
• Onglyza: Another type 2 diabetes drug but can increase risk of pancreatic cancer, heart failure, and death
• Viagra: Used for erectile dysfunction but has caused hearing and vision problems, heart failure, skin cancer, and stroke
• Pradaxa: Used as a blood thinner but can cause deadly hemorrhaging
• Byetta and Januvia: Used to treat diabetes but have been linked to increased risks of pancreatic cancer and a possible link to thyroid cancer

The above is by no means an exhaustive list of dangerous drugs. Our attorneys have experience with a number of other prescription drugs that have harmed people instead of helped.

It’s important to contact an experienced dangerous drug attorney quickly after suffering an injury from a prescription drug. These cases can be complex because of the many parties that may be responsible for your injuries. Our goal is to hold the responsible party liable and pursue the maximum compensation you deserve to take care of any additional medical bills and rehabilitation you may need to recover. For example, liable parties for a dangerous drug may be:

• The drug testing facility
• The manufacturer
• Your doctor
• Your pharmacy
• The hospital or clinic where you were treated
• The pharmaceutical sales rep

If you or someone you love live in the Orlando, Florida area and were injured or worse because of a dangerous drug we can help. Please contact us by filling out the form on this page or by calling us at 407-712-7300 to schedule your free consultation. We represent our clients on a contingency fee basis, meaning we don’t get paid unless we reach a settlement.

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