Bad design of slide resulting in injuries

[hurtonslide]

What is the name of your state (only U.S. law)? Oregon

First off, please do not think I'm thinking I hit gold and am going to wring a company for all I can get. All I really want is my medical bills paid and for the company to be required to make their slide safe.

Today I took my daughter to an indoor play place called Playdate. There was a waiver signed, as can be viewed here: http://playdatepdx.com/PlayDate PDX Waiver.pdf Negligence due to the actions of other participants and even negligence by the staff is covered in the waiver (though I question whether someone injured due to staff negligence is really out of luck). What isn't covered, the only thing I can think of not, is bad design. And that is where the problem is.

Parents are required to monitor their children, as one would expect, despite the presence of employees to monitor the action. So I stayed with my daughter unless my friend was with her.

My daughter and I went to the top of a long slide that has bumps in it going down. She had gown down couple times on her own, with my friend accompanying her to the top and be at the bottom to get her, and I wanted to go down too. Others were doing so, and while they were coming down incredibly fast, I didn't observe any injuries or anything (not that I was really looking for anyone down on the ground unable to move), so didn't expect any harm. So I went up and went down, but after the last bump, I caught air and smacked down on my tailbone onto the end of the slide, and blacked out. I couldn't move for a moment and ended up in the ER.

This is where it got interesting for me. As soon as I said the name of where I was to the triage nurses, and immediately one of them asked me if I was on the slide, and I asked how he knew. He told me they see a lot of injuries because of that slide. My husband was out parking the car at that point, and when he came back in, he started telling me about when he went to ask his boss if he could leave work because I had an accident at Playdate, and his boss asked if I was on the slide because he knows of people injured on that.

So the design of this slide has resulted in more people than just me being injured, and I, and likely all the others, would not have expected to be injured using a product correctly when there is apparently a flaw in the design. If this were a one-off injury, all right, I wouldn't be here. My concern is that this happens often enough that I didn't need to tell the hospital staff that I was even on the slide for them to know just what happened.

I did take a photo of the slide before I went down. I have a blog where I blog about fun things, and I intended to post a photo of the slide as one fun part of the day. Well that won't be happening, but looking at that photo, it is easy to see how this accident could happen. It's one of those things you wouldn't think to look for until an accident has happened, but once one has and you look to figure out how it could happen, it's easy to see that after the last bump the downward slope right after it is sharp enough that someone weighing (I'm 130 and 5'7", so it's not like I'm a massive person) enough would continue an outward trajectory before gravity slams them back down.

Is there a case here? Like I said, I'm not out to be rich on this, my big concern is that slide being altered and getting bills paid, and really my medical bills would be a bonus. I expect to be on the hook for those just because that seems to be the way it works. Other than that slide, that place is wonderful. My only concern is kids and teens and adults, who are all welcome, being hurt even worse than I am. Luckily I am only severely bruised (badly enough that I can hardly walk and have to have help standing and I fully intend to take Vicodin as soon as my husband gets home from getting it filled as the shot of Dilaudid I received at the ER has worn off, but at least nothing broken), but what will happen if someone else is disabled or killed?

What can I do (I know, anyone can sue over anything, including a jar of peanut butter not having a peanut warning, so that's not an answer I need)? What would be the best thing to do? I do not want to sink this place into the ground, but I want the slide, which has a well-known history of injury (I don't believe for one second the owners wouldn't know what a hospital's staff knows), to be repaid and medical bills paid. Does this sound reasonable?

 

[Isis1]

my first question is...did you have medical insurance?

 

[hurtonslide]

Due to an error in my husband's HR's processing of the paperwork, no...ish. We have been at odds with them over that for a couple months ago. I'm listed by name on his insurance, so I guess yes, but with no coverage, so no, and he told them that if I'm not getting coverage, then they will not be allowed to take premiums. I'm still listed, but don't have coverage. And like I said, we're still arguing with them over this.

With the three x-rays and shot of Dilaudid, I expect the visit to come in at around $2k-$3k. The pain meds my husband is getting filled are $14 and change.

How does this affect the answer?

 

[Isis1]

Due to an error in my husband's HR's processing of the paperwork, no...ish. We have been at odds with them over that for a couple months ago. I'm listed by name on his insurance, so I guess yes, but with no coverage, so no, and he told them that if I'm not getting coverage, then they will not be allowed to take premiums. I'm still listed, but don't have coverage. And like I said, we're still arguing with them over this.

With the three x-rays and shot of Dilaudid, I expect the visit to come in at around $2k-$3k. The pain meds my husband is getting filled are $14 and change.

How does this affect the answer?

well, in some cases the insurance would go after the offending party themselves for recovering fees. so just wanted to clear that question up first.

now, as for suing...because there's a pending possible coverage...hold on for others.....

 

[xylene]

You should hire an attorney in regards to your injury.

You should have an attorney assist you in this health insurance snafu as well.

 

[hurtonslide]

Ah. The hospital filled out what they called "third party liability" and will try billing Playdate first. I don't expect Playdate to just write out a check. I do think they should be liable when it's bad design of the slide rather than misuse or even employee negligence. However I think a lot of things that aren't law, and guessing or thinking something should be doesn't make it so. Since I don't like to wait around until the last second, I'm trying to gather info now so I have some idea of what to expect.

And since it hurts too much to even get up to go to the bathroom alone right now, sitting with my computer is about all I can do. Better attempt to be productive and learn what I can than to waste time online just to waste time.

And really, it makes me feel woozy thinking about how my daughter was on that slide and what could have happened if she had caught air. Since she had on a floofy skirt over her jeans, that caused enough drag that she went slower than the other kids, and I'm so thankful.

 

[hurtonslide]

Xylene, we contacted some attorneys for help with the insurance snafu, and the retainer fees are thousands. I think for insures it's usually a percentage of what's what, contingency. I feel so bad at the thought of suing this place, but want that slide made safe and I'm pretty mad that this is a known problem. I really don't mean to be whining about how much pain I'm in when I know it could really have been worse, and nothing's broken and I'm not dead or disabled from this, and my husband can apply some vacation time to today for having to take off early, and the place is otherwise really great, but if it's a known safety hazard that patrons of a venue wouldn't reasonably expect to be a hazard, and what I'm going through isn't as bad as it could have been, that just doesn't seem right. The slide should be closed and fixed, or at the absolute least, signs posted that people over a certain weight, whatever, are not allowed, since this isn't a freak one-time event.

So I am correct in my thinking that bad design wouldn't be covered under the waiver?

What would it take to be able to force them to take the action of altering the slide? More than anything, I don't want a child to harmed, and this place allowed children in parents' laps. Adults could slide and catch air with a child and both go flying instead of just me slamming on my tailbone. My daughter could have been hurt. And I don't think this is a baseless concern. I'm sitting here waiting for my husband to get back from Costco so I can go to the bathroom because of being hurt. If I could have medical bills paid or the slide fixed, I want the slide fixed more. Could an injury attorney help with that?

And yes, I will be calling around tomorrow. I think it would help to go into calls having some idea of what to expect to hear and to know the limits of what to expect an injury attorney to be able to do.

 

[Zigner]

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..."

 

[hurtonslide]

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.

 

[Willlyjo]

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.

IMHO, I do believe you may have cause to litigate against the designer of the slide that causes all the trouble. You may even be able to hold the facility responsible to a degree since there were countless other accidents involving what is obviously a serious safety hazard!

There should be some kind of statutes against equipment that constitutes safety hazards. California has Cal-State Osha that oversees such hazards in the work-place. Maybe Oregon has some kind of a watch dog. You should do some research or have a lawyer provide you with the answers during a consultation.

 

[You Are Guilty]

Years ago, there was a facility in NJ called "Action Park" which, due to the number of injuries it caused, was traditionally known as "Traction Park". It was eventually closed after the 5th or 6th death. You can probably find some useful information pertaining to your issue by googling it.

I would still seek out a local PI lawyer in the meantime. However, given that the nature of your own injuries is fairly small (in legal terms), you may have a hard time finding one who is interested.

Good luck.

 

[tranquility]

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.

 

[LdiJ]

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.

Since its a well known fact that there have been multiple injuries, and the manufacturer of the slide could have many other such slides located in many other places, I could see a potential class action suit happening.

Perhaps the OP should consult an attorney experienced in class action cases? That might get the design corrected.

 

[tranquility]

Since its a well known fact that there have been multiple injuries

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)

I could see a potential class action suit happening.

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.

 

[LdiJ]

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.

I have done about a dozen tax returns for claimants in the same class action suit in my area. They all got awards in the 10s of thousands.

However, I only mentioned the class action as a potential option because I do believe that dangerous products should be removed from playgrounds or play areas. Even the threat of a class action from a credible source might motivate the manufacturer to fix the problem.