Circus Equipment Malfunction – Filing a Product Liability Claim

Any circus show has some inherent risks. One of those risks is whether the equipment will function properly. Often time’s acrobatic events will fail, not because of experience issues, but because of equipment malfunction. In such cases performers can be seriously injured. Knowing the cause of the injury is critical to your case. Determining if the equipment malfunctioned requires expert evaluation of the equipment. Many times performance houses or studios will dispose of the equipment to avoid liability. It is necessary to submit preservation of evidence requests so as to avoid these types of issues.

Who Is Liable for Circus Employee Injuries?

Anytime there is a defective product, the commercial manufacturer of the product will be held liable. Any commercial reseller of the product will also be held accountable for injuries. This includes resellers and wholesaler. In certain situations where the users i.e. circus production company failed to inspect the harness, cables or other stage equipment before use, they can be held responsible. Liability is often a question which is not fully known until a full and complete investigation of the facts is concluded. Manufacturers will be held liable under a defective product or product liability lawsuit. This will hold them liable for the manufacture and sale of a defective product. Defective product litigation is discussed below.

Retaliatory Termination for Filing a Lawsuit Against You Employer

Can you be terminated for filing a lawsuit? California is a at-will employment state. Meaning you can be fired or terminated for any purpose, so long as it does not violate public policy. A public policy violation would be terminating employment for the filing of a lawsuit. An employer that terminates your employment after filing a lawsuit is in violation of these public policy considerations.

Defective Product Lawsuit- Filing a Product Liability Lawsuit

What can make a product defective? Products are defective when they are defectively designed, manufactured or where the manufacturer fails to warn the user of known dangers. Design defects refer to an inherently defective element in the design of the product. This occurs when the product is not properly market tested or field tested. Manufacturing defects occur at the time of assembly or manufacture. When the product is improperly assembled and causes injury it will be considered a manufacturing defect. Failure to warn defects occur when the manufacturer fails to warn of potential dangers. This includes height limitations, weight capacity issues or other limitations on the product. A full understanding of product defects can be found here. Common Injuries Common injuries include the following:

• Permanent spinal cord damage
• Traumatic brain injury
• Mild traumatic brain trauma
• Neck injuries
• Fractured hip
• Tibia fracture
• Facial lacerations
• Back injuries
• Nerve damage
• Traumatic hand injuries
• Ocular injuries

These are only a list of some injuries. If you have suffered a fall from what you feel is a defective circus or acrobatic equipment, contact our circus equipment defect attorneys for a free case evaluation. (855) 339-8879