How’s this for a company picnic gone bad?

A company hires an entertainment company to set up a Eurobungy bungee-trampoline.  To use the equipment, an operator straps a user into a harness, and then controls how high he or she is lifted.

During one partygoer’s jump, the operator began lifting the man before his feet had a chance to hit the trampoline, causing injury to his left arm.  He had immediate pain in the arm and was diagnosed with a hypertension injury and rupture of the distal biceps tendon.  He had surgery and physical therapy to the tune of $8,500, and continues to suffer the effects of the accident.

Both the injured man and his wife (an employee of the company whose picnic it was) filed lawsuits as follows:

• against the companies that rented the Eurobungy equipment and provided the operator alleging they failed to properly train the operator
• against the manufacturer of the device for failing to provide adequate warnings and safety instructions
• against the establishment where the party took place for allowing a hazardous activity on its premises

The defendants also impleaded — brought into the suit — the company that organized the picnic.

The parties settled during mediation for $307,500:

• $252,000 from one rental company
• $37,500 from the manufacturer
• $10,000 from the party’s venue
• $5,000 from the other rental company
• $2,500 from the company (the wife’s employer) who arranged the picnic.

This case demonstrates how mediation can be effective in resolving a dispute and bringing about justice for an injured person. Mediation can save all the parties a lot of money and uncertainty.  This form of “Alternative Dispute Resolution” also enables the parties to resolve their differences without appeals, litigation expenses, unfavorable press coverage and publicity.

If you or someone you know has been injured while using recreational equipment and there are questions as to what laws apply, email or call Abrams Landau, Ltd. at once (703-796-9555).