This case involves netting installed around a trampoline that was intended to prevent individuals from sustaining injuries caused by falling off of the trampoline. The man involved in this suit weighed 145 pounds – well within the stated operational limits of the net system. While utilizing the product, the plaintiff impacted the net system which failed catastrophically. As a result of the accident, the plaintiff sustained a severe neck fracture which resulted in paralysis. He will require a lifetime of care and medical treatment. It is alleged that the net system was designed / manufactured defectively, and should have prevented the plaintiff from sustaining his injuries. Expert witnesses with specializations in consumer product safety and product liability were retained for the case.
Question(s) For Expert Witness
- 1. Please explain why you're qualified to serve as an expert witness on this matter.
- 2. Are you familiar with the product in question?
- 3. Have you ever served as an expert witness?
- 4. Have you ever been sued or arrested?
Expert Witness Response E-005770
My initial thoughts are: was a helmet and or extra padding required for use and if so, did the individual in question wear them? Was the individual required to sign a waiver? Did the packaging from which the netting have a disclaimer on it? Does the company who manufactures the net have a disclaimer? How long had the net been in use? Was anyone responsible for monitoring the net over it’s lifetime? Is there an expiration date on the product? Was the individual in question, using the net inappropriately or in a manner that these net would not be used? What responsibility does the individual have in this matter? As this type of activity is fairly new to the market and so those who try it are taking on an extreme sport as it’s a sport that is all about throwing oneself against another individual with the same net on. What was the emergency response? and instead of blaming the net, could the issue be with how the individual was cared for after the incident took place? What is the net made of? What is the quality of the plastic? Did the manufacturer do random tests on the product to ensure the safety of the individual using it? – does the manufacture claim any head/neck protection? – etc. There’s a lot of pertinent information that is not in the above statement regarding this individual. So in order to make a professional assessment, I would need to have more information. All things considered, it does appear that the netting should not have failed to protect the individual in this instance.
Expert Witness Response E-030056
I have a B.S. in Mechanical Engineering, specializing in amusement rides and devices. I have been a member of the ASTM committee since 1987, and I am developing standards for amusement rides and devices. Also, I am a member of the ASTM subcommittee developing the new standard for inflatable devices.