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Table Of Contents
- BCI Burke Playground Recall Lawsuit Overview
- Latest BCI Burke Playground Lawsuit Updates
- FDA Reports and Statistics
- BCI Burke Playground Injuries & Side Effects
- Do You Qualify for a BCI Burke Playground Lawsuit?
- BCI Burke Playground Recall Information
- Statute of Limitations for BCI Burke Playground Lawsuits
- FAQs
- 1. Why Was Burke Playground Equipment Recalled?
- 2. Who Can Participate in the Burke Playground Recall Lawsuit?
- 3. What Outcomes Can Be Expected From a Burke Playground Recall Lawsuit?
- 4. How Do I Know if the Playground Equipment That Injured My Child Is Part of the Recall?
- 5. What Is the Most Dangerous Playground Equipment?
- 6. Can I Still File a Lawsuit if the Playground Was at a Public Park or School?
- Get a Free BCI Burke Playground Recall Lawsuit Evaluation With Our Lawyers
BCI Burke Playground Recall Lawsuit Overview
BCI Burke Playground lawsuits are product liability claims focusing on dangerous design defects in playground equipment that have caused serious injuries to children.
These lawsuits allege that manufacturing and design flaws in BCI Burke Merge Playground Climbers created entrapment hazards that put children at risk.
The U.S. Consumer Products Safety Commission (CPSC) issued a nationwide recall for approximately 440 BCI Burke Merge Playground Climbers due to welded rung openings on the sides of the climbers that pose significant entrapment dangers.
These recalled climbers were sold from November 2015 through August 2019 and have been linked to numerous childhood injuries across the country.
Latest BCI Burke Playground Lawsuit Updates
- 2020-2025: Multiple lawsuits have been filed across the country by families whose children suffered injuries from entrapment in the recalled BCI Burke Merge Playground Climbers. Cases are ongoing with several settlements reached for undisclosed amounts.
- December 19, 2019: The CPSC announced a nationwide recall for about 440 BCI Burke Merge Playground Climbers due to entrapment hazards caused by welded rung openings on the sides of the climbers. The climbers were sold through Burke sales representatives or directly from Burke from November 2015 through August 2019 for approximately $1,460 [1].
FDA Reports and Statistics
According to CPSC data, playground equipment remains one of the leading causes of injuries among children.
The National Safety Council (NSC) has found that nearly 80% of playground injuries are caused by falls that occur while climbing, swinging, and sliding [2].
The CPSC reports that over 206,700 children under the age of 16 visit emergency rooms each year due to playground-related injuries.
Of these injuries, climbing equipment accounts for approximately 23% of all playground injuries treated in emergency departments [3].
Entrapment hazards like those found in the recalled BCI Burke Merge Playground Climbers are particularly dangerous because they can lead to strangulation or serious injuries when children become stuck in openings that are large enough to permit entry of a child’s body but not their head.
BCI Burke Playground Injuries & Side Effects
Defective playground equipment such as the BCI Burke Merge Playground Climbers can cause severe and potentially life-threatening injuries to children, particularly due to entrapment hazards.
- Entrapment Injuries: Children can become trapped in openings, leading to strangulation, asphyxiation, or serious bodily injuries.
- Fall-Related Trauma: Head injuries, concussions, and traumatic brain injuries due to falls from climbing equipment.
- Fractures and Broken Bones: Arm, leg, ankle, and wrist fractures are common when children fall from playground climbers.
- Lacerations and Contusions: Cuts, bruises, and soft tissue injuries from contact with sharp edges or hard surfaces.
These injuries can result in long-term health issues, including permanent disability, neurological damage, and ongoing medical treatment needs, particularly when they involve the head, neck, or spine.
Do You Qualify for a BCI Burke Playground Lawsuit?
You may qualify for a BCI Burke Playground lawsuit if:
- Your child was injured while using a BCI Burke Merge Playground Climber manufactured between 2015 and 2019.
- The injury was caused by an entrapment hazard, particularly involving the welded rung openings on the sides of the climber.
- The injury required medical attention, hospitalization, or ongoing care.
- The playground equipment was being used as intended at the time of the injury.
- You can provide documentation of the playground equipment model and the location where the injury occurred.
Evidence Required for a BCI Burke Playground Lawsuit
To strengthen your BCI Burke Playground lawsuit, you should gather:
- Medical records documenting the injuries and treatments required.
- Photographs of the playground equipment where the injury occurred.
- Documentation identifying the equipment as a BCI Burke Merge Playground Climber (look for the word “Burke” printed on a label on the exterior of the play structure).
- Witness statements from anyone who observed the incident.
- Any incident reports filed with the school, park, or facility where the injury occurred.
- Records of communication with BCI Burke regarding the incident.
Damages You Can Recover
Victims of defective BCI Burke Playground equipment may be eligible to recover:
- Medical expenses for emergency care, hospitalization, surgeries, and ongoing treatments.
- Physical therapy and rehabilitation costs.
- Pain and suffering related to the injuries and recovery process.
- Lost wages for parents who missed work to care for injured children.
- Permanent disability or disfigurement compensation.
- Punitive damages in cases where manufacturers demonstrated gross negligence.
BCI Burke Playground Recall Information
On December 19, 2019, the U.S. Consumer Products Safety Commission (CPSC) announced a nationwide recall for approximately 440 BCI Burke Merge Playground Climbers.
The recall was initiated due to concerns that a welded rung opening on the sides of the climber could pose an entrapment hazard to children.
The recalled products are Burke Merge Metal Climbers used on playground equipment for children to climb up to access play structures. The word “Burke” is printed on a label on the exterior of the play structure.
These climbers were sold through Burke sales representatives or directly from Burke from November 2015 through August 2019 for approximately $1,460.
If you have a Burke Merge Playground Climber affected by this recall, you should immediately prevent children from using it.
BCI Burke has stated they are contacting owners by certified mail, and Burke representatives will inspect and replace climbers that do not comply with current safety standards.
Statute of Limitations for BCI Burke Playground Lawsuits
The statute of limitations for filing a BCI Burke Playground lawsuit varies by state, typically ranging from 1-6 years from the date of injury. Many states have special provisions for cases involving children that may extend these deadlines.
In most states, when a minor is injured, the statute of limitations is tolled (paused) until they reach the age of majority (usually 18). After reaching majority, the injured person typically has the standard statutory period to file a claim.
It’s essential to consult with an experienced attorney as soon as possible after an injury occurs to ensure your claim is filed within the appropriate timeframe for your state and circumstances.
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FAQs
1. Why Was Burke Playground Equipment Recalled?
Burke Playground equipment was recalled due to safety concerns such as design defects, structural failures, or hazardous materials that could pose a risk of injury to children. Specifically, the Burke Merge Playground Climbers were recalled because welded rung openings on the sides could create entrapment hazards.
2. Who Can Participate in the Burke Playground Recall Lawsuit?
Individuals or groups who have been affected by the recalled playground equipment can participate in the lawsuit. This includes parents or guardians of children who were injured while using the equipment, as well as schools, parks, or other organizations that purchased and installed the recalled products.
3. What Outcomes Can Be Expected From a Burke Playground Recall Lawsuit?
The outcomes that can be expected from a Burke Playground recall lawsuit may include compensation for medical expenses related to injuries caused by the defective equipment, reimbursement for the cost of the recalled playground products, and damages for pain and suffering experienced by injured parties.
4. How Do I Know if the Playground Equipment That Injured My Child Is Part of the Recall?
Check for the “Burke” label on the exterior of the play structure. The recall specifically affects Burke Merge Metal Climbers sold between November 2015 and August 2019. BCI Burke should have contacted owners by certified mail, but you can also verify by contacting the company directly with the model information.
5. What Is the Most Dangerous Playground Equipment?
According to safety statistics, the most dangerous playground equipment includes swings, climbing equipment, trapeze bars & exercise rings, trampolines, slides, merry-go-rounds, and seesaws. Nearly 80% of playground injuries are caused by falls from this equipment.
6. Can I Still File a Lawsuit if the Playground Was at a Public Park or School?
Yes, you can still file a lawsuit if your child was injured by recalled playground equipment at a public park, school, or other facility. The claim may involve both the equipment manufacturer and the property owner, depending on circumstances and maintenance practices.
See all related product liability lawsuits our attorneys covered so far.
Get a Free BCI Burke Playground Recall Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for injuries caused by defective BCI Burke playground equipment.
Depending on your state and situation, you may have as little as 1-2 years from the date of injury to file a claim, though special provisions for minors may extend this timeline.
At Schmidt & Clark, LLP, we offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our legal services
- Payment only if we win your case or secure a settlement
Don’t delay in seeking legal assistance, as evidence can deteriorate and memories fade over time. Contact our experienced team today to protect your child’s rights and pursue the compensation they deserve.
References
- https://www.cpsc.gov/Recalls/2020/BCI-Burke-Recalls-Merge-Playground-Climbers-Due-to-Entrapment-Hazard
- https://www.nsc.org/community-safety/safety-topics/child-safety/playground-safety
- https://www.cpsc.gov/Research–Statistics/Injury-Statistics