Question

Dylan's family bought Dylan, who weighs 275 pounds, an exercise bicycle from a popular sports retailer in his community. The first time that Dylan hopped on the bike, it collapsed, throwing him to the floor and severely bruising his ankle. Dylan wants to sue for his injuries. He asked an expert in exercise equipment to examine the bicycle. The expert told him that the bike was properly manufactured. It was not, however, designed for individuals weighing over 250 pounds. There was a warning to that effect in the brochure that came with the bicycle, but Dylan's family discarded the brochure along with the packaging, and Dylan never saw the warning. Is there any negligence theory under which Dylan can recover? If so, what is it, and what must Dylan demonstrate to succeed on his claim?

Answer 1

Ans.

In this case, Dylan can sue the manufacturer for negligent failure to warn. However, Dylan needs to prove that the defendant knew that without a warning this product would be dangerous in its ordinary use, but the defendant failed to provide a proper warning.

Dylan could also argue that, if parties other than the main purchaser were likely to use the exercise bicycle, a warning should have been placed directly on the bicycle itself, not just in the brochure that came with the bicycle.