Defective Balancing ball

Defective Balancing Ball

 

In 2009 Francisco Garcia of the Sacramento Kings was balancing on a 75 centimeter Ledraplastic balancing ball along with weights when the ball burst and he was injured. He fractured his right forearm and was unable to play the first four months in his first-year contract with the Kings. The Kings and Garcia filed a product liability claim against Ledraplastic for $4 million in lost salaries and $29.6 million in damages and eventually won the case.


He further alleges that this ball was actively marketed for use by athletes and that defendants represented and warranted that the ball had a six-hundred pound capacity and was “burst resistant.” (Id. ¶¶ 10-11.) Plaintiff alleges defendants knew that, contrary to these representations, the exercise ball was “easily susceptible to bursting when confronted with weight capacities less... than 600 pounds” and that they “placed the exercise ball into the stream of commerce knowing that the exercise ball posed unsafe and dangerous consequences for the users of the product, including Plaintiff, who used the product in a foreseeable manner.


In my opinion the guilty in this case, must be the Ledraplastic balancing ball producer, because in the indications of the product was wroten, that the maximum weight that could resist, was higher than in the reallity, thats why the plaintiff used the ball thinking that there wasnt any problem on it.

 

 

 

Presentation

Presentation

 

Hello, my name is Aitor Pascua, I am 20 years old and I  live in Leioa. I study Human resources and labor relations in the Leioa public university. I studied Human Nutricion in Vitoria for 2 year. I have choosse this carrer because iI will like to help the people in the future with their problems in the job and also because I find  interesting  all the things relationated with this degree. This blog it will be in englsih, and we will talk about Liability Products, ometimes i will post interesting news that I have found, and other times i will write about some interesting laws relationated with this topic. So take place on my blog and have a good time.