Francisco Garcia's case

Aside from medical malpractice in this post I will talk about a case of civil liability of products in this case a ball that exploded:

The Sacramento Kings and NBA player Francisco Garcia have settled their product liability lawsuit against exercise ball manufacturer Ledraplastic.

Three years ago, Garcia was balancing on an exercise ball and lifting weights at the same time. Garcia claims he had 90-pound weights in each hand when the ball suddenly burst. As a result, Garcia says that he fell to the ground and suffered serious injuries including a fractured forearm. At the time, Garcia had just signed a five year contract that would pay him almost $30 million. He had to miss a good portion of the initial season of the contract and suffered lingering injuries. 

Garcia sued for a breach of the manufacturer’s warranty. They claimed that the Ledraplastic marketed the ball as being able to withstand 600 pounds and being “burst resistant.” They claimed that Garcia burst the ball while carrying only 180 pounds of weights. During testing, Garcia’s lawyer was reportedly able to recreate the ball bursting with 400 pounds on it. 

Generally, a manufacturer of a product will be liable for any injuries if the product is not made as advertised. If someone is injured because of the defective product, the manufacturer has to pay. Garcia had also sought damages for pain and suffering as well as loss in future earning capacity. In addition, Ledraplastic is also required to include a warning to all purchasers of the ball not to use it while lifting free weights.

http://blogs.findlaw.com/injured/2012/11/nba-star-francisco-garcia-settles-exercise-ball-lawsuit.html