The sale of home exercise equipment and health club memberships has dramatically increased recently, leading to all types of lawsuits and complaints. These suits usually involve claims of product liability, but also include negligence and breach of warranty.
Can I Sue For Injuries From Defective Exercise Equipment?
Manufacturers and retailers have a duty to warn of dangers that could result from use of their equipment. Generally, the more complicated the device, the greater the duty to warn becomes. For example, makers of motorized exercisers, such as exercise bikes, have been found liable for failure to warn. However, the manufacturer of an elastic exerciser was found not liable because the danger of the device was obvious.
Whenever goods are sold they may come with warranties. Exercise equipment is no exception, and many cases focus on the breach of warranty in seeking recovery. These warranties may be created in the instruction manual, by the salesperson, or may be implied. For example, the retailer of a pull-up bar that gave way was found liable for breach of warranty based on a salesman’s promises.
Can Non-Purchasers Recover For Injuries From Defective Exercise Equipment?
No, third parties and non-purchasers who borrow or purchase defective equipment from someone other than a retailer cannot recover for their injuries even if the seller or lender repeated the safety precautions to the third party.
Should I Consult An Attorney If I Have Been Injured By Defective Exercise Equipment?
Lawsuits for defective exercise equipment can be complex. There may be many potential causes of action all with different elements of proof. Additionally, there are defenses available such as assumption of risk. Only a defective product attorney can determine if you may be able to recover damages for your injuries.