Yarborough Applegate attorney Perry Buckner, along with co-counsel Austin Crosby of the Parker Law Group, recently secured a $4.7 million settlement for a man who suffered an impalement injury from a defective piece of sports equipment. Notably, during the course of litigation, new warning labels were affixed to the product—a move that, in the future, should protect countless users from also becoming victims.
Our client was participating in a plyometric training session at the gym that involved jumping over training hurdles. These hurdles were meant to be collapsible, but when our client failed to clear one, the hurdle remained upright and did not collapse downward as designed and marketed.
In our initial investigation, we determined that this model of adjustable hurdle did not not function appropriately at its highest setting. Not only was this hurdle sold without any warnings or instructions whatsoever; an alternative design would have easily eliminated the safety hazard entirely. We swiftly filed suit against the seller of the product.
As we continued to investigate in pursuit of the full story, we discovered that a minor in California had been injured by the same training hurdle in a substantially similar manner as our client. We also learned that the hurdle was imported from Taiwan, the Defendant was unaware of who actually designed or manufactured the product abroad, and that the Defendant had conducted no third-party safety testing of the product prior to placing it on the market.
Our team retained product design engineers, former federal product safety regulators, physicians, and economists to prove that the Defendant was engaging in substandard safety practices resulting in a severe, catastrophic injury.
Throughout the case, the Defendant blamed both our client and the gym operators for the injuries. But we pressed on. After three years of litigation in federal court, we were proud to bring about some measure of accountability on our clients’ behalf.
If you have been injured and believe a defective product was to blame, you may have a valid claim. Yarborough Applegate’s staff of highly experienced product liability and personal injury lawyers can help determine if you have a strong case. Call us, text us, or fill out our online contact form to discuss your situation free of charge.
Disclaimer: Every case is unique, and prior results do not guarantee future outcomes.
timely topics and emerging issues facing nursing home litigators in the state, including COVID-19 defenses, Medicare regulations, and ownership transitions in nursing home companies.
timely topics and emerging issues facing nursing home litigators in the state, including COVID-19 defenses, Medicare regulations, and ownership transitions in nursing home companies.
This brain tumor settlement includes critical corporate changes by the corporate defendants to help eliminate this type of error in the future
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