The Law Offices of Gilbert R. Hoy, Jr. and Affiliates is a team of nationally recognized and respected personal injury lawyers known for acheiving outstanding results for our Massachsuetts clients. We pride ourselves on our excellent customer service and client satisfaction and will do everything we can to ensure you get the most amount of money damages allowed under state and federal law. If you or a loved one have been injured due to a defective product, you may be able to receive compensation from the manufacturer of that item. Please call our expert product liability specialists at 617-787-3700 or email us at email@example.com.
Darold Borman, a seventy-year-old man from Sioux Falls, South Dakota was gravely injured when he fell off an exploding exercise ball in June 2011. While exercising with the ball at his house, the ball burst. He then fell to the floor. Mr. Borman alleges that the blast left him temporarily unable to use his arms or legs.
Mr. Borman allegedly landed on his chin, chest and pelvis and required hospitalization for his injuries. He was put into a medically induced coma after the incident. Mr. Borman required many surgeries and months of physical therapy. He and his wife needed to redesign their home in order to accomadate his handicap.
Mr. Borman’s lawsuit was filed in the United States District Court in South Dakota. The defendant is listed as Easton Bell Sports of Van Nuys, California, the product’s manufacturer. He seeks an unspecified amount of damages. Mr. Borman alleges that the ball was designed defectively and was improperly manufactured. He further alleges negligence, breach of warranty and a failure by the manufacturer to warn of a reasonably anticipated danger.
These types of balls have been a topic in other litigation as well. Mr. Borman’s claim was filed less than two years after another manufacturer settled a lawsuit with the Sacramento Kings and Francisco Garcia. Another company, EB Brands of Yonkers, New York, recalled three million stability balls in 2009. The company received forty-seven complaints of their balls exploding, despite their marketing of the product calling the balls “anti-burst.”
These types of balls are intended to slowly deflate if stricken or if the weight is above the maximum amount. If the ball is a cheaper model and not one that is anti-burst, it has the ability to pop just like a balloon. The storage temperature of these balls also matters for their safety. If they are placed near a heater, the latex or plastic may be melted, increasing the risk of injury. Users must also be careful not to overfill a ball.
If you or a loved one have been injured due to a defective product, you may be able to receive money damages from the manufacturer of the product. Please contact our product liability experts at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates today at 617-787-3700. Your call is free, and with no obligation.