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

In my opinion, Dylan can only recover if he proves in the court that the company never specified anything about the weight restrictions of the bicycle and never told that it would be unsafe for individuals over 250 pounds to ride that bicycle since bicycle was not designed to handle weight over 250 pounds. Moreover if he can demonstrate that he did not receive any brochure along with the bicycle from which this could be confirmed, hence the family did not know anything about weight restrictions of the bicycle. Under such scenario, the company or the retailer will have to pay for all the damages occured to Dylan due to accident and also pay for legal as well as medical expenses suffered by Dylan and his family.