Who does not like to jump around on trampolines? It is fun, right? Albeit entertaining to most, trampolines can cause significant bodily injury and even death. For example, recently, in Oviedo, Florida, a 19-year-old boy died inside a trampoline park called Boing! Jump Center. Seminole County Sheriff’s deputies said that the teenager was performing flips when he landed on his head. The doctor in this particular case, Dr. Elizabeth Davis of Arnold Palmer Hospital, stated that trampolines can be very dangerous and can easily cause catastrophic injuries, such as the one in this case.
The dangers of trampolines are obvious. Are there ways to make trampolines safer? Consumers of all products, not only trampolines, expect the products they use to be safe. The product’s manufacturers are required to design the products to meet strict government and industry safety standards. When the product is not designed in compliance with such standards and someone is injured or killed, the injured victim or the victim’s family may sue for compensation. Due to the multiple complexities of Florida’s products liability law, you should hire an experienced products liability attorney of Gerson and Schwartz PA for your case.
Defective Products in Florida and the Relevant Law
In Florida, when a product injures someone, the injured victim or a family member may have a cause of action under negligence or products liability theories. A product that is unreasonably dangerous as designed may make it defective. However, please note that merely being a dangerous product does not make it a defective product. For example, a knife is sharp, this is obvious, and it is used to cut through things. Making a knife dull would make it safer, yes, but it would significantly take away from the product’s usefulness or utility.
We see that there must be a balance here. In researching this balance, courts will use tests to determine if the product is in fact defectively designed. In doing so, there are some courts that require the product be proven defective in design as well as unreasonably dangerous due to a particular defect. Courts differ in their definition of “unreasonably dangerous.” Some courts define this as a product that is more dangerous than a reasonably prudent consumer would expect it to be. Others define it as a product with risks high enough that a reasonably prudent seller would not place the product in the stream of commerce. Third, some courts define it as when the product’s risks outweigh its benefits.
Take Action Before it is too Late!
There are several legal theories at play in product liability cases, with most being difficult to understand. Due to the complexities of the law, it is important that you hire an experienced products liability attorney of Gerson and Schwartz PA. We have obtained justice in numerous defective product injuries and deaths from several types of products including defective automobiles, trucks and tires, medical devices, industrial equipment, and even cigarettes. Nonetheless, most of our cases have regarded defective automobiles and trucks. Defective automobile cases fuel system fires, rollovers, seats, seat belts, tires and other flaws have been the principal subject of our product liability work. Tobacco, soft drinks, fast food, drugs, medical devices, tires, and household products are included on the long and growing list of product defect cases we have handled.