Who is Liable for a Defective Climbing Wall?

Categories: Personal Injury

climbing wall

Washington Defective Product Injury Lawyers

Rock climbing is not only a great activity but an excellent way to get in shape. With more people getting outdoors, embracing the backcountry of Washington, and seeking gyms with rock walls, the chances for serious injuries are increasing.

Gyms are adding rock walls for avid climbers to try and attract them to their establishment. However, they are often putting demand and income ahead of safety. While the injuries from a climbing wall are rare, they still happen. When these injuries occur, they can be severe.

Therefore, if you are injured on a defective climbing wall, who would be at-fault and who would pay for those injuries?

Premises Liability: Holding Property Owners Responsible

An injury that occurs on a person’s property may qualify for premises liability. Property owners are responsible for the safety of their property. Therefore, when they fail to provide a safe environment for their customers, a premises liability claim could result.

Owners of gyms and rock climbing facilities must ensure their staff is properly trained on all safety equipment, that the equipment is regularly inspected, and that the rock wall is maintained per manufacturer instructions.

If the owner has not properly trained their staff, knowingly allows patrons to use a defective wall, or does not monitor the safety of their equipment, a premises liability claim might apply.

Defective Product Claims: Holding the Manufacturer Responsible

A rock climbing facility is required to inspect their wall regularly and maintain it per the manufacturer’s requirements. However, sometimes it is a defect in the product that could cause a catastrophic injury.

All manufacturers of climbing wall equipment have a legal obligation to ensure their products are safe and free from defects. That includes ensuring the product is safe by design, manufactured according to specifications, and never released on the consumer market until it has passed quality control and assurance.

What if I Sign a Liability Waiver?

When you go to a gym or rock climbing facility, you are typically presented with a waiver of responsibility. The exemption prohibits you from filing a personal injury lawsuit if you are injured on the premises. While the court enforces these waivers, the circumstances of the injury matter.

These waivers do not protect manufacturers against releasing defective products. Also, malicious or grossly negligent acts are not protected by these waivers.

The only way to know if you have a case or if the liability waiver will prohibit you from seeking compensation is to speak with an attorney. The advocates from Brett McCandlis Brown & Conner, PLLC are here to help you. We understand the pain and suffering you are going through, and you should not have to pay for injuries caused by someone’s negligence.

Contact Washington’s Personal Injury Attorneys

Speak with one of our injury attorneys today for a free consultation by calling us at 800-925-1875 or request your free consultation appointment online.

Author Photo

Matt Conner

Matt Conner has a proven track record of success. Following his graduation from Willamette University with a double major in mathematics and economics, Matt worked as an economist for the Office of Economic Analysis for the State of Oregon before moving onto working in mortgage banking and real estate.