Soft Play issued a recall
on October 18th, 2019
, for its Spider Climb playground climbers
. They were primarily used at McDonald’s Play Places in the ball pits and playgrounds. The reason for the recall concerned the distance and height of the climbing platforms
; they were apparently too distant from one another, which could lead to numerous children falling while climbing
All the climbers are designed and fitted with plastic ropes, bars, and platforms. They have cables and chains that can also be scaled by the children. The tower assembly is enclosed contains padding and meshing that should soften any blows or falls; however, this does not decrease the risk of falls in the first place.
Roughly 200 of the units were recalled
. Because these are not generally sold to individual consumers, it can be difficult to understand what McDonald’s restaurants were affected
The playground climbers were manufactured in the United States by Soft Play LLC
in North Carolina. They were exclusively sold to McDonald’s and were installed in the Play Places
for about two years, from February 2016 through October 2018. They cost about $350.
To date, there have been 37 different incidents
and reports of falls; of those incidents, 34 of them resulted in injury reports.
has decided to contact the McDonald’s restaurants directly to set up a remedy. The playground climbers are being fixed by having another platform added to them to prevent children from falling. These platforms are getting installed free of charge.
Injuries from Defective Playground Equipment
Children are usually very resilient and do not injure as quickly or as easily as others. They are less likely to get hurt because of less wear and tear on their bodies and they are able to absorb damage better. Playground equipment that is defective, though, can still pose risk for kids, especially if the equipment is in a public place like McDonald’s and there are other children around.
If a child climbs up the playground equipment in a McDonald’s
and winds up falling from the platform, chain, rope, or other area, he could suffer numerous injuries. These damages may include the following:
- Traumatic brain injury
- Closed head injury
- Broken bones
- Collarbone damage
- Neck and spinal cord injuries
- Facial injuries
- Torn muscles
- Nerve damage
- Sprains and dislocations
- Internal organ damage
These injuries can come from falls
, getting stuck on platforms
, slipping from chains and ropes, tumbling off the platforms
, and much more. Injuries in the playground place can be difficult to deal with, as the child may be hurt and confused, which can in turn cause him to be unable to adequately exit.
What To Do To Sue Soft Play For A Defective Playground Climber Accident
If your child was hurt in an accident at a McDonald’s because of a defective Spider Climb
, you could sue the company for damages. To do this, you must show that the company was negligent in some way. There are three potential points related to product liability cases
. They are:
- The item had a design flaw that was present during the conceptualization
- The item had a manufacturing error, whether by having cheap material used or because the machinery used to create it made a mistake
- There were no hazard signs or warning symbols present at the entrance of the playground
Bear in mind that McDonald’s could be additionally negligent in the incident. In such a case, you may be able to also file a premises liability lawsuit against the company. However, for broken items, you should do the following:
- Immediately take your child to the hospital to get treatment for his injuries
- Do not hesitate to go to the hospital; if you wait too long, the insurance agent can doubt the claim and not believe that your kid was hurt at the playground, and there is the chance that injuries could worsen over time
- Make sure you hold on to receipts from the hospital, treatment plans, doctor’s notes, prescription medication, and more
- Don’t elicit anyone at the restaurant to try and fix the playground or even try to fix it yourself out of some act of good will
- Do not tamper with the playground
- Do not request that a repairman come to fix the climbing equipment or install new equipment
- Do not accept any compensation, refunds, or other kinds of payment from the restaurant after your child was hurt in the incident
- Make sure that you photograph the Play Place and the defective playground equipment or that you record videos of it
- Surveillance footage and security camera footage ca also come in handy for your case
- Write down any potential eyewitness testimonies and statements from other children, other parents, other restaurant patrons, and more, as additional supporting perspectives will benefit your case
Once all of this evidence has been gathered, you can go to a product liability lawyer in Los Angeles who can handle your case. It is wise that you do not try to take on the claim by yourself, especially against a large company. The best chance of success is rooted in having appropriate legal representation for your case. We will collect your evidence and submit it to the proper party, and we will demand and negotiate a fair settlement. Our goal is to bring you every penny you deserve for your child’s injuries.
Deadline To File A Product Liability Lawsuit Against Soft Play
In California, personal injury lawsuits
must be filed within 2 years of the injury or you will be unable to receive any compensation at all for your child’s damages. However, it is possible that you can forgo suing on your child’s behalf so that he can wait until he turns 18 years old to sue. This exception to the statute of limitations can be notified by an attorney.
It is also possible that the defendant has left the state, which could cause the statute of limitations to be put on hold until he returns. You cannot file a claim if the defendant is not present, after all.
Many lawsuits are not filed because the statute of limitations runs out before the individual can take action. To ensure that you do not run out of time for your child’s case, you should call our law offices and figure out the statute of limitations. We will tell you the deadline for your claim and will be able to get your documents out in time.
Learn more about your options for compensation by calling (888) 649-7166.
Potential Earnings From A Lawsuit Against Soft Play
The value of a lawsuit against Soft Play for a defective product injury
will change depending on the extent of your child’s injuries if the damages were particularly impactful and prevented your child from returning to school or leading a normal life for a period of time, he could be made to pay the maximum settlement. However, if your child recovered extremely quickly and was not seriously hurt, you might not be able to win a lot at all.
We will do all we can to ensure that the following damages are paid out:
- Medical bills from the past and future for surgery, hospital stays, medication and prescription costs, physical rehabilitation or therapy, and more
- Lost income from the past and future
- Property damage if any personal items were lost or broken in the incident
- Pain and suffering damages to account for emotional trauma, mental stress, PTSD, fear, anxiety, and more
We will ensure that the company is held properly accountable for your losses and your child’s damages. We won’t give up on your case until we are satisfied with its result. The goal of our firm is to win you the highest value we can in your lawsuit.
How Our Firm Helps
The Downtown LA Law Group
is one of the leading law firms in the country. Our highly experienced lawyers have years of product liability lawsuit victories under their belts, and we have the best techniques to win your case for you. Our aggressive lawyers will stop at nothing to succeed, and our track record speaks for itself. We believe in doing everything we can to win for our clients, and if we have to go to court to make sure your case is a success, we are willing to do so.
Call our law offices at (888) 649-7166
today if you need to schedule a free legal consultation with one of our attorneys. We are available around the clock and can always help you with legal advice. We will tell you what we think your case is worth, the steps in the legal process, and more.
Further, if you want us to represent you, we will ensure that you are given our zero fee guarantee. This promises that you won’t have to spend any money whatsoever on te case. We will cover all the costs ourselves, and if we win, our fees are taken from the settlement given by Soft Play. If we lose, we take no money at all.
Call (888) 649-7166
to speak with the Downtown LA Law Group
today if you need to sue Soft Play because of injuries suffered on a defective Spider Climb