Products Liability Law Reporter

While at a public park, Doe, 4, was playing on playground equipment known as the Whirl with Me with Center Wheel (WMCW). The WMCW is designed for one or more children to sit on a round horizontal platform as they spin around a center stationary wheel on a post affixed to the ground. While seated on the WMCW and rotating around the center wheel post, Doe’s shoelaces and shoe became caught on one or more bolts protruding from the stationary center wheel post. Doe was violently jerked out of his seat and suffered a broken lower right leg.

Doe’s parents, on his behalf, sued Bliss Products and Services, Inc.—which sold the WMCW—and PlayCore Wisconsin, Inc., and PS Commercial Play, LLC—which designed, manufactured, and distributed the WMCW—alleging defective design and manufacture. The plaintiff asserted that the WMCW was defective in that it contained protrusions on the lower part of the center wheel that could catch and entangle shoelaces as children rotated around the equipment. Suit also named the city, alleging negligence.

The parties settled for $30,000.

Citation: Overcash v. Playcore Wis., No. 2020-CP-23-01506 (S.C. Ct. Com. Pl. Greenville Cty. July 13, 2021).

Plaintiff counsel: Edward Overcash, Spartanburg, S.C.