Any climbing enthusiast has used a lanyard when mounting a rock or attempting a vertical climb. Lanyards are a staple in any climbers tool kit. They are analogous to a scuba tank for divers and are widely used by professional and novice climbers. Many rely on these lanyards to support their weight while suspend hundreds of feet in the air before making there next connection. In certain cases these lanyards can be defective and fail. A lanyard failure will result in almost certain injury or death. In such cases the injured party and or his family will have a cause of action
against the manufacturer. Determining the cause of the defect will require inspection and evaluation. If you have been injured keep all evidence for evaluation. Do not dispose of any type of tangible evidence.
Lanyard Defect Lawsuits Manufacture Liability
A manufacturer and all parties in the commercial chain of distribution will be liable for the sale of a defective product. It is not necessary that they know a product to be defective. It is only required that they be involved in a supply chain. While each manufacturer has its own indemnity requirements, you are still permitted to hold all parties including the manufacturer, retailer and wholesaler responsible for the injuries you have sustained.
Products are considered defective when they fail to perform in the manner for which they were intended. Courts recognize a few different types of defects, this includes design defect, failure to warn defects and manufacturing defects. Each of these three categories represents a different type of defect. Design defects refer to the overall design element of the product. When a product is defectively designed i.e. with a weak rope or defective laynard it will be considered a design defect. A manufacturing defect refers to a defect that occurs during the manufacturing process. This can include an assembly error. Failure to warn defects arise when a manufacturer fails to warn of a particular danger associated with the product, not easily identifiable. This can include weight limitations or intended uses. Common Injuries and damages recoverable in a Personal Injury Lawsuit Against Manufactures of Defective Product Include:
- Traumatic Brain Injury
- Spinal Cord Damage
- Serve Nerve Damage
- Broken back
- Disc and Spine Herniation
- Loss of Income including loss of future earning
- Non Economic Damages including Pain and Suffering and Emotional Distress
It is important to mention that just because a product fails it is not automatically considered defective. One important aspect of a product liability claim is that the product actually be used for its intended purpose and that the manufacturer foresee that use. if the product was being used for a use which was not foreseeable and it failed, the manufacturer may not always be liable.
Wrongful Death Lawsuits and Laynard Defect
A wrongful death lawsuit applies when there is a wrongful death caused by a third party. Wrongful death lawsuits
are not exclusive to product defects. They can apply in car accidents or any type of personal injury lawsuit. These types of lawsuits are executed by the family of the deceased.
Each state has its own set of laws pertaining to the filing of a wrongful death lawsuit. Generally it is limited to the immediate family, spouse or children. Essentially by filing a wrongful death lawsuit you are stepping in the shoes of the deceased an requesting damages for the loss. While pain and suffering is not permitted, you are able to file a claim for loss of earnings and services.
Generally this type of claim is reserved for those who were dependent of the now deceased party. Filing such a suit should be done with caution and only after considering all the legal remedies. It is important to know of proper filing deadlines and statute of limitation deadlines in your respective state. If your loved one has been injured contact a personal injury attorney dealing with these types of cases for a consultation.
Recent recalls for laynards apply to the Easy Go XP Lock Via Ferrate Laynards. These items were recalled when the elastic webbing of the laynards would fall apart. If this occurred during a climb serious injury would almost always be certain. In fact almost every climber has a moment where they fear for their safety if a laynard or other mountain or rock climbing equipment fails.
If you have been injured consider your legal rights. You are permitted to file a defective product lawsuit for your injuries. All product liability lawsuits handled by the Downtown L.A. Law are done on a contingency fee basis. This means that there is no recovery unless we collect money damages for your claim.