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Taken a fall from the climbing wall? You may have a lawsuit

Climbing walls are a popular attraction in gyms, play areas and recreational sports locations. Climbing walls are generally safe, though sometimes a user can end up with an injury related to using one. If you become injured, you may be wondering when it is appropriate to sue for personal injury, and what your options are in Orange County for this type of personal injury lawsuit.

After your injury, you may be asking yourself exactly who is responsible. You may be thinking, should the facility be responsible, is there an equipment defect, or is it my own fault? These are important distinctions for any pending personal injury lawsuit.

What kind of claim could you have?

There are three key concepts to keep in mind if you suffered an injury while using a climbing wall at a recreational facility.

  • Premises liability:  Property owners must take all reasonable precautions to keep their premises safe. If you suffer an injury at the sports facility because of a property owner neglecting their duty to maintain a safe environment for customers, a premises liability issue is at hand. Additionally, if the owner should have known about a potential risk but failed to correct it, you may sue the facility using a premises liability claim.
  • Product liability: If the climbing wall equipment you were using was defective in engineering, design or warnings, you may have a case for a product liability lawsuit. Even if a facility manager maintains the equipment, a manufacturer defect contributes to product failure. A manufacturer of climbing walls and/or climbing wall equipment is responsible to ensure that their products are safe so that users are free from dangers related to product failure.
  • Waivers:  But what if you signed a waiver? Does that mean that now the injury is all on you? Not necessarily. Some courts have ruled that certain types of waivers are unenforceable. Therefore, even if you have signed a waiver, if the climbing wall equipment or the facility caused your injury, you may still be able to sue.

How to get help to decide

After your injury, it may not be immediately clear who is at fault. You could potentially waste time and money by filing the wrong type of claim. If you suffer injuries at an Orange County climbing wall facility, you should consider contacting a personal injury attorney for an assessment of your case.

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