Wal-mart argues that risk of bike collapsing under weight

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Reference no: EM131181974

Judy Dawson weighed between 450 and 500 pounds. For a birthday present, her children bought her an exercise bike from Wal-Mart Stores, Inc. On the day Dawson received the bike, she rode it for only a moment. Later, she mounted the bike for a second time and pedaled for three or four rotations. The bike then collapsed, and Dawson fell off, sustaining numerous injuries. The bike was designed for use by people who weigh under 250 pounds (which is 99 percent of the population) and had been tested for users up to 440 pounds. The manufacturer did not specify any weight limit in marketing the bike, however, and there was no way that Dawson could have known of their weight limit. Assume that you are the judge in this case and answer the following questions:

A) Was it reasonably foreseeable that a person who weighed over 450 pounds would use the exercise bike? Why is the question of foreseeability relevant to this case?

B) Suppose that Wal-Mart argues that the risk of the bike collapsing under a weight of more than 450 pounds was “open and obvious.” Would you allow Wal-Mart to avoid liability based on this defense?

Reference no: EM131181974

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Wal-mart argues that risk of bike collapsing under weight : Judy Dawson weighed between 450 and 500 pounds. For a birthday present, her children bought her an exercise bike from Wal-Mart Stores, Inc. On the day Dawson received the bike, she rode it for only a moment. Suppose that Wal-Mart argues that the risk..

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