Can someone help me answer this ?? Thanks 1. Mike just purchases a new stationar
ID: 350757 • Letter: C
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Can someone help me answer this ?? Thanks
1. Mike just purchases a new stationary bicycle from eCycle.com. He intends to make good on his New Year Resolution to lose some weight and eat properly. The bicycle arrives, and Mike easily puts it together. He then jumps on the bicycle to test it out. The seat breaks off, causing Mike to fall off and break his wrist. His wrist requires several months of rehab. There goes his New Year Resolution. Mike later discovers that that seat is not design for a 300-lb. man. The manufacturer could have added additional support to the seat, but it did not want to incur additional expenses because it was highly unlikely that a 300-1b man would jump on the bicycle. Also, there was no warning on the box or the bicycle. What claims does Mike have against eCycle.com?Explanation / Answer
The case study covers product liability wherein a manufacturer or seller is held liable for providing defective products to the customers. The product liability claims are based on the state laws. These theories come under negligence, strict liability and breach of warranty.
Mike can sue the manufacturer for negligence of product liability. The clause pertains to marketing defects wherein there was flaw in the way the product was marketed namely insufficient instructions and inadequate safety warnings. Mike can claim for the loss suffered due to the negligence on part of the manufacturer. The damages that Mike suffered were both monetary and physical. Hence, the manufacturer is liable to provide compensation for these damages.
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