Were you or a family member injured at an indoor rock climbing or bouldering gym? Even if you signed a release form, you may have legal recourse.

Once a sport engaged in by “adrenaline junkies,” indoor rock climbing has grown tremendously in popularity among the general public over the past few decades. The New York Times says there were well over 400 rock climbing gyms in the U.S. at the beginning of 2017 – a number that more than doubled over the course of a dozen years.

Unfortunately, this sport is inherently risky; as the number of participants has increased, so has the number of injuries. If you were injured at an indoor rock climbing facility, you may be able to sue for medical expenses, lost wages and more. Learn more by contacting a Nashville injury attorney, Memphis personal injury lawyer, or Tennessee personal injury lawyer in the community where the accident occurred.

You can contact an attorney by either

• filling out the form on this page, or
• calling the number on this page.

Indoor Rock Climbing Injuries – a Growing Problem

In 2013, Climbing Business Journal (CBJ) stated that between 1990 and 2007, the number of patients who were treated in U.S. emergency rooms for climbing-related injuries grew by 63 percent – an average of nearly 2,700 per year. Most of these injuries were ankle and foot fractures in people who fell more than 20 feet.

At that time, the executive director of the Climbing Wall Association said that most indoor rock climbing accidents were the result of climber error. However, he also noted that in some cases, staff members are poorly trained and lack experience in climbing techniques and safety procedures.

The problem has also grown as the sport of rock climbing has grown beyond a small group of risk-takers and thrill-seekers and has become more and more mainstream. Since the CBJ report, a Stanford University study published in September 2018 in Wilderness Environmental Medicine estimated that approximately 3,023 climbers a year were taken to emergency rooms between 2010 and 2014 – representing a 34 percent increase.

Who is Getting Injured and How?

According to the Stanford University study, nearly two-thirds of climbing injuries occurred among males in their early 30s. Most of them had multiple injuries all over their bodies; one-third suffered arm or leg injuries, while head and neck injuries accounted for five percent.

When it comes to indoor rock climbing, leg fractures and sprains account for between 40 and 50 percent of injuries. Wrist fractures and hyper-extended joints are also common.

With hundreds of indoor climbing gyms operating in the U.S. being used by thousands of climbers per year however, it is inevitable that some of these injuries will be serious – and even fatal.

Serious, Life-Threatening and Deadly

Even expert climbers are not completely safe. In 2016, National Geographic reported a story about Ashima Shiraishi, a high school freshman who held the title of USA Youth National Bouldering Champion. In the spring of that year, Shiraishi successfully climbed a V-15 boulder problem– a level of difficulty only one step below the most difficult ascent (V-16).

Three months later, however, Shiraishi was climbing at the Stone Summit Climbing Gym in Kennesaw, Ga. when she lost her grip on a rope and fell to the floor four stories below. Amazingly, she suffered only minor back bruising.

Another indoor climber was not as fortunate. In September 2013, Susan Mailloux of Texas was climbing at the Summit Climbing Gym in Grapevine using an auto-belay, a safety device that allows a climber to climb with a rope without needing a partner on the ground to reel in the slack. Mailloux, an experienced climber, apparently neglected to clip her harness into her auto-belay, and she fell 30 feet to her death.

Six years earlier, another Texas woman was killed in a fall while climbing at the Elevator Rock Climbing Gym in Wichita Falls.

As shocking as these deaths are, they are still rare events: out of a total of 3,275 patient records analyzed in the Stanford University study, only two of the victims had died as a result of their injuries. Nonetheless, even a minor injury can have major consequences.

The Cost of Indoor Rock Climbing Injuries

The Stanford University Study estimated that treatment of indoor rock climbing injuries cost the U.S. economy more than $20 million per year – and that figure does not account for follow-up care and subsequent rehabilitation and physical therapy expenses. Dividing that figure into the number of injury cases each year indicates that the average initial medical cost of an indoor-climbing accident can be over $6,600 – and that is just for the initial treatment.

Who is Liable?

One unique aspect surrounding injury liability at indoor rock climbing gyms and similar facilities is the waiver that patrons are expected to sign before entering. Most of these gyms ask participants to sign these documents. The purpose is to prevent someone from filing an injury lawsuit should they be injured.

Courts have generally enforced these “negligence waivers” covering accidents due to employee negligence or a problem with the facility itself. However, waivers covering total liability or intentional acts on the part of a staff member have been found to be null and void. This means that even if you did sign a waiver at an indoor rock climbing gym, you may still have a valid case if you are injured through no fault of your own.

Liability for the owner of an indoor rock climbing gym falls into two broad categories: premises liability and product liability.

Premises Liability

Regardless of the type of property or business, the owner, whether an individual or a corporation, is obligated to take all reasonable steps to make sure that the premises are safe. This means making regular inspections of the facility for damage or potential hazards, and making certain all regular maintenance and repairs are carried out.

If the owner or employees of the business knew, or should have known about a hazard that could result in an injury – in this case, a problem with the climbing wall or some piece of company-owned equipment – and failed to correct the situation or inform patrons of the risk, an injured party could have a valid cause of action for an injury lawsuit.

Product Liability

The owner of the indoor rock climbing gym has a legal obligation to ensure the safety of the premises. However, a climbing injury can also be caused by equipment defects, such as a poorly-made crash pad. The manufacturers of climbing equipment have a legal obligation to make sure that all of their products – including the climbing wall itself – is safe to use.

A product liability lawsuit against the manufacturer of indoor rock climbing equipment can be based on one or more of the following:

• Defective Design: this occurs when there was a foreseeable risk in using the product when it was manufactured and used as intended. The court asks the plaintiff to demonstrate that the risk could have been avoided by designing the product differently that was (1) within the manufacturer’s capability to produce, (2) would not have entailed excessive cost, and (3) would allow the product to perform the same function. An example would be a carabiner with a spring made of low-quality metal when a better alternative was available for only a few cents more.
• Manufacturing Defect: Even if the carabiner in the foregoing example was made to superior standards using the finest materials, if there was a problem on the assembly line or a factory worker failed to do his job, it could result in the unit leaving the factory in a defective condition. This could create liability on the part of the manufacturer.
• Failure to Warn: The carabiner could have been well-designed and left the factory in perfect working order. However, if the manufacturer did not include clear instructions for its use or written warning about the inherent risks of using the product as directed, it could be held liable for any injuries suffered by the end user. Under the law, a manufacturer must generally do two things: warn consumers about any possible risks of using the product, and provide instructions on how to use the product and avoid injury while using it.

There have indeed been issues with rock climbing equipment. In 2010, auto-belayers manufactured by MSA, a major manufacturer of industrial fall prevention equipment, were responsible for two climber falls in Australia and Malaysia. These accidents led to a massive product recall and the company leaving the rock climbing equipment market.

Can a Climbing Gym or Equipment Manufacturer Be Liable for Climbing Injuries?

Even in cases where the injured climber has signed a waiver, it may be possible to hold the climbing gym liable. The details matter, so it’s essential to run the facts of your situation by a knowledgeable personal injury lawyer.

As a plaintiff in a personal injury lawsuit, you may be entitled to compensation for medical expenses, loss of income, pain and suffering and other damages. An experienced Tennessee personal injury lawyer can assist you in evaluating the strength of your claim. If you were injured at an indoor rock climbing gym in the Nashville or Memphis metro region, you can also call upon a Nashville injury lawyer or Memphis injury lawyer.

This article is not legal advice. It is presented
for informational purposes only.