The untied drawstrings on my 7-year-old’s hooded sweatshirt got snagged near the top of the slide and tightened as she slid down, strangling her. The manufacturer of the equipment went out of business a decade ago. What are our options now? Can I go after the clothing manufacturer and the school district as well?
A lot will depend on the details of the accident. If the drawstrings were unreasonably long so that having them snag was inevitable, the clothing manufacturer may, in fact, bear some liability. And if the school district has had problems with the slide before or knew the design to be unreasonably dangerous, they may also share in the liability. However, this may be a case where what happened was not reasonably foreseeable by anyone, and the court will be reluctant to find any entity liable.