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Verdict range $0 - $100,000
ARTICLE ID 20341
$________ - Product Liability - Design Defect - Exercise Equipment - Health Club Negligence - Defective design of stationary bike - Negligent failure to provide instructions regarding use of bike - Handlebars detach as plaintiff is participating in exercise class - Severe laceration to knee - Knee scarring and discomfort at site of scar.
Monmouth County
The male 25-year-old plaintiff, who was participating in an exercise
class at the defendant health club, contended that he was instructed to
pedal a stationary exercise bike and as he began to comply, the handlebars suddenly
detached from the frame, resulting in his falling.
The plaintiff contended that the bike, manufactured by the co-defendant, was defective because it did not contain an adequate
locking mechanism for the handlebars. The plaintiff contended
that the bike was equipped with a lock pin which could be
inserted into one of six holes on the stem of the bars. The
plaintiff, who was very tall, contended he adjusted the bars to
its highest setting and although it felt secure to use for a 30
minute exercise class, he was unaware that the lower stem was
merely resting on the lock pin, not secured by it. The plaintiff
maintained that after peddling while standing for a short period,
the incident occurred.
The plaintiff further contended that the club was negligent in
failing to become sufficiently familiar with the recently
obtained equipment and in failing to give appropriate
instructions to the plaintiff. The plaintiff also included a
negligence count against the manufacturer, contending that this
defendant, which provided an instruction course that was to be
given to the clubs employees when they purchased the equipment,
negligently left the safety portion for the final sessions of the
course, which had yet to be taught as of the time of the
accident.
The defendant manufacturer contended that the product was
appropriately designed and the defendants contended that
appropriate instructions were given. The defendants also
contended that the plaintiff was comparatively negligent.
The plaintiff maintained that he suffered a severe gash in his
knee, required stitches and that the scar and the discomfort in
the area of the scar will remain permanently unless surgery is
performed.
The jury found the defendant manufacturer 50% liable under the
Products Liability count, the manufacturer 25% liable under
the negligence count and the club 25% liable. They then
awarded $________.
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- Determine if a case is winnable and recovery amounts.
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