Legal Reasoning Project-Business Law
By: Ashley Kehrberg
The main concerns for potential lawsuits against tinker’s ToYs, pertaining to Swingers’ playground equipment, include cases arising from failure-to-warn the customers of all possible dangers associated with the equipment. Mainly, dangers arising from lack of proper instruction, product defects, improper construction, and/or improper usage. My belief is that if we provide more than adequate warnings, disclaimers, suggestions, and instructions for the customers, the potential for injuries-and lawsuits-will greatly diminish.
As it is now, there is only a very vague warning of injury located on the front of the product instructions. This should not constitute a legitimate warning, as it can easily be overlooked, and is much too generic. Each product box should include bolded warnings of potential injury as well as reference to a full and thorough list of potential injuries. A copy of this detailed list should be placed in each box.
In addition to the bolded danger warnings, each box should also have a safety disclaimer to inspect all parts and pieces for potential defects. This will also insure that all pieces are included. The disclaimer should clearly state that if any parts are missing or damaged, construction cannot commence.
The included set-up instructions need to cover all of the playground models, as well as all of the optional add-on equipment and accessories. In addition, the instructions should be made available in multiple languages and forms. Many customers have difficulty with written instructions; so video or online instructions should also be made available. Online or phone support for…