FORT LAUDERDALE, Fla. – A Florida man and his wife have filed a federal lawsuit blaming online retail giant Amazon and the maker of a climbing rope for injuries he allegedly sustained.
Plaintiffs Israel Dayan and his wife, Randye Notey, filed their lawsuit February 25 in U.S. District Court for the Southern District of Florida, Fort Lauderdale Division.
They contend defendants Amazon.com Inc. and Setsmart LLC should be held liable for Israel’s injuries he sustained from Setsmart’s LoGest Climbing Rope.
Dayan alleges he bought the rope from Amazon on Jan. 19, 2023. The rope, sold from March 2021 through November 2024 for $20-70, was advertised and marketed as an “indoor and outdoor workout rope” that is “perfect for homes, gym obstacle courses, CrossFit, rope for strength and fitness.”
Dayan claims he used the rope “as intended” to climb a tree on his Plantation, Florida, property.
On Dec. 3, 2024, he was climbing up the rope on his property when “suddenly and without warning” the rope snapped, causing him to fall to the ground, according to his 13-page complaint.
He allegedly sustained “serious and permanent” injuries, including fractures to the talonavicular joint of his left ankle, fractures to the base of the third, fourth and fifth metatarsals, a fracture to the distal fourth metatarsal shaft, and a lateral posterior dislocation of the subtalar joint.
According to his filing, he was transported by the Plantation Fire Department to HCA Florida Westside Hospital and underwent surgery.
“Mr. Dayan remains under the care of medical providers for his injuries and his path to recovery remains ongoing,” the complaint states.
On Feb. 13, 2025, the U.S. Consumer Product Safety Commission issued a recall for LoGest Climbing Ropes. The following day, Feb. 14, 2025, Amazon also sent out a product recall and product safety alert.
“The Recall confirms that the Rope was dangerous and defective when it left Setsmart’s control and remained dangerous and defective when it was marketed, promoted, advertised, sold and distributed by Amazon,” the complaint states.
The CPSC described the “hazard” for which the recall was issued: “The climbing ropes can weaken and break, posing a fall hazard to consumers.”
“The hazard that formed the basis for Amazon’s product recall as described by the Product Safety Commission was precisely what happened to Mr. Dayan while utilizing the Rope on December 3, 2024,” the complaint states.
Dayan and his wife claim the rope’s defect existed at the time Setsmart manufactured the rope and allowed it to leave its facility and “enter the stream of commerce.” The defect also existed at the time Amazon promoted, sold, and distributed the rope on its website, they allege.
“Namely, the Rope’s fibers were not coated with a product that allowed them to maintain their integrity over time,” the filing states.
“Due to the defect, over time the fibers weaken until, suddenly and without warning, they snap, presenting danger to the consumer.”
The plaintiffs also contend advertising and marketing did not disclose the defect that the rope could weaken over time and suddenly snap.
“Defendant, Amazon, had a duty to properly vet the products that it sold on its website marketplace and to have safeguards in place to ensure that the products on its website marketplace were reasonably safe for their intended and foreseeable use by consumers and customers,” the complaint states.
“Defendant, Setsmart, had a duty to manufacture products that are reasonably safe for their intended and reasonably foreseeable use and to have safeguards in place to ensure that the products it manufactured do not enter the stream of commerce in unreasonably dangerous or defective condition.”
In the complaint, Notey also claims loss of consortium of her husband and loss of his “services, comfort, society, and attentions.” Loss of consortium, legally, is a claim made by a spouse for the loss of non-economic benefits due to someone’s negligence.
The plaintiffs seek compensatory damages, interest, and costs.
Cohen & Blostein PA in Fort Lauderdale is representing Dayan and Notey in the lawsuit.
