Products Liability Law Reporter

Brittany Lilos, 26, was at the High Exposure climbing gym when she fell 30 feet from the Leap of Faith climbing obstacle, which requires climbers to grab hold of a suspended punching bag before dropping to the floor. She was taken to a hospital, where she was diagnosed as having suffered fractures to her wrists, elbows, pelvis, and cervical spine. She underwent spinal fusion surgery and a procedure to repair her right arm. She later required revision surgery and extensive physical therapy and continues to suffer limitations from her injuries, including deficits to her fine motor skills.

Lilos sued High Exposure LLC, alleging gross negligence. The plaintiff also sued Carabiner’s Indoor Climbing, which designed and assembled the Leap of Faith climbing obstacle, and its principal, Steve Caton, alleging defective design. The plaintiff asserted that she had been fitted with the wrong type of harness and that the auto-belay connected to the front of her harness had failed to ensure a safe descent.

Carabiner’s maintained that the Leap of Faith had been constructed properly and that the incident had resulted from Lilo’s failure to properly connect a carabiner to the auto-belay. High Exposure asserted that Lilo had signed a waiver of liability that precluded her claims.

The parties settled for $1.4 million before trial. High Exposure paid $1 million, and Carabiner’s paid the rest.

Citation: Lilos v. High Exposure, LLC, No. BER-L-007397-17 (N.J. Super. Ct. Bergen Cty. Nov. 10, 2020).

Plaintiff counsel: Gregg A. Stone and Ronald J. Morgan, both of Newark, N.J.

Plaintiff experts: Cary Skolnick, orthopedic surgery, Morganville, N.J.; Eric Heiberg, mechanical engineering, Edison, N.J.; Ellen Rader Smith, occupational therapy, Montville, N.J.; and Laura Miele, fitness supervision, Willow Grove, Pa.

Defense experts: Jeffrey Lakin, orthopedic surgery, Clifton, N.J.; and Jonathan Dixon, mechanical engineering, Manasquan, N.J.