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.