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For His Birthday,Paul's Family Purchased for Paul,who Tips the Scales

Question 66

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For his birthday,Paul's family purchased for Paul,who tips the scales at over 250 pounds,an exercise bicycle from a popular sports retailer in his community.The first time that Paul hopped on the bike,it collapsed,throwing him to the floor and severely bruising his ankle.Paul wants to sue for his injuries.He has an expert in exercise equipment examine the bicycle.The expert tells 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 Paul's family threw that away along with the packaging; and Paul never saw it.Is there any negligence theory under which Paul can recover? If so,what is it,and what must Paul demonstrate to win?

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Paul could sue for negligent failure to ...

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