Cybex international the manufacturer of Olympic style decline bench presses has declined certain models of their products. According to reports the defect involves a weak frame which can potentially collapse causing devastating injuries. Considering these products were distributed directly to health clubs and gyms the likelihood of serious injuries are possible. Particularly if the user is lifting significant amounts of weight, they can cause the frame to collapse. In such cases significant injuries can occur. Read below to get more information.
Liability – Who Can Be Held Liable in Defective Product Litigation
Who is at fault if you were injured? That is subject to investigation, but here are some possibilities. You can likely hold the gym responsible if there is a showing that they failed to correct the issue when they had knowledge. Or you can hold the manufacturer of the product liable under a product liability lawsuit
. In the ladder you would argue either a product defect, manufacturing defect or a failure to warn issue. If you were injured it is likely that a viable claim for injuries can be pursued.
: Injuries resulting from a defective bench press can be serious. If there was a heavy amount of weight that was set on machine and it collapsed there can be significant injuries. Particularly if the user was not being accompanied by a spotter. In such cases you can have crushed bones and in more severe cases death. Other injuries can include broken bones, trauma to the neck, back injuries and head injuries. If you were injured make sure you seek immediate medical attention for your injuries.
Waiver Issues and Defective Product Lawsuits
It is also important to mention the potential waiver issues. Waivers of liability are standard in any health club you join. Often times these waivers can prevent you from pursuing a claim for your injuries. However, if it possible to “go around” the waiver issue. Here are two possible methods of piercing the waiver issue.
First, if you can prove gross negligence. Gross negligence is considered a significant breach of your standard duty of care. For example if the gym does not act to recall the item when they know of its defect, this can be gross negligence.
Second, you can pursue an independent claim against the product manufacturer, this is considered a product liability lawsuit. What this will do is allow you to file for your damages against a manufacturer of the product. This is a separate case and is not subject to the same waiver issues as a claim against the gym itself.
Product Recall Information – For more infor see here
According to the recall report the following three model numbers were recalled:
- Model Number 16060
- Model Number 16061
- Model Number 16062
These models are the decline free weight bench press. Serial numbers include C1208 through H0913.