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Dylan's Family Bought Dylan, Who Weighs 275 Pounds, an Exercise

Question 81

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Dylan's family bought Dylan, who weighs 275 pounds, an exercise bicycle from a popular sports retailer in his community. The first time that Dylan hopped on the bike, it collapsed, throwing him to the floor and severely bruising his ankle. Dylan wants to sue for his injuries. He asked an expert in exercise equipment to examine the bicycle. The expert told him that the bike was properly manufactured. It was not, however, designed for individuals weighing over 250 pounds. There was a warning to that effect in the brochure that came with the bicycle, but Dylan's family discarded the brochure along with the packaging, and Dylan never saw the warning. Is there any negligence theory under which Dylan can recover? If so, what is it, and what must Dylan demonstrate to succeed on his claim?

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Dylan could sue for negligent failure to...

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