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Torts keyed to Best
Richter v. Limax International
Citation:
45 F.3d 1464 (10th Cir. 1995)Facts
Plaintiff purchased a mini-trampoline manufactured by defendant on February 1, 1989. The box contained no instructions on use. The trampoline itself had a sticker stating “this product was designed to be used only as an exercise device. It is not designed to be used for acrobatics, trampolining or any springboard type activities.” Plaintiff used the trampoline exclusively for jogging. At her max, she was jobbing 60 minutes a day on the trampoline. The last day she used the trampoline was March 10, 1989.
On March 11, 1989, plaintiff experienced severe pain in her ankles while walking. A doctor diagnosed her with stress fractures in her ankles. The pain caused her to discontinue working as a sales representative for a furniture manufacturer.
Defendant did not conduct any tests on the trampoline relating to the long-term effects of jogging, nor did they review any studies relating to the use of mini-trampolines by sports/ exercise experts. Plaintiff’s complaint was the first time Defendant had received any complaints about possible stress fractures from use.
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