Recently, the Massachusetts Court of Appeals issued an opinion involving a lawsuit filed by plaintiffs on behalf of their son after the young boy suffered serious injuries falling from a zip line in a friend’s backyard. A superior court judge granted the defendants’ motion for summary judgment. The plaintiffs appealed, arguing that the zip line was unreasonably dangerous, and the defendants were liable for their failure to warn the child of the danger.
According to the opinion, the plaintiffs brought their younger son with them when they went to pick up their older son from a sleepover at the defendants’ home. When they arrived, the defendants met the boy and his parents outside. The boy noticed a zip line between two trees and asked the defendants if he could use it. The defendant purchased and installed the zip line himself, but he did not include a seat. The boy’s father held him and guided him on the zip line, but he let go after a certain point. As he was traveling down the zip line, his hands began to slip, and although the boy’s father was able to grab him, the boy’s arm slammed into the ground, resulting in serious injuries requiring several surgeries.
The plaintiffs argued the defendants were negligent in not installing a safety seat, as the manufacturer recommended. They argued that the zip line was unreasonably dangerous, that the defendants negligently maintained the zip line and that they failed to warn or remedy the hazardous condition. The defendants countered that the danger of a six-year-old boy dangling from a zip line was obvious; therefore, a warning was not necessary.