NBA teams pay their players a lot of money. Last season, the league minimum salary was $490,180. With so much invested, team owners don’t like injuries to their star players. Especially when those injuries were caused by an allegedly defective product.

According to a report from The Sacramento Bee, the Sacramento Kings and Guard/Forward Francisco Garcia have settled their claims against Italian exercise ball manufacturer, Ledraplastic S.p.a. Apparently, the federal suit was the result of a fractured forearm sustained by Garcia when the exercise ball on which he was standing exploded while he was lifting two 90-pound dumbbells. The accident occurred in October 2009, shortly after Garcia had signed a 5-year, $29.6 million contract extension. Garcia missed the first four months of the following season recovering from his injuries. The team sought to recover the $4 million in salary they had to pay while their player sat on the bench recovering. While the financial terms of the agreement are confidential, the attorney for Garcia and the Kings indicated the settlement was “extremely beneficial” to his clients. When the plaintiffs are a well-compensated, finely tuned machine and his employer, we expect the attorney’s description was accurate.

Even though Garcia and the Kings’ damages may have been substantial, it would have been interesting to see how a jury would have handled the product liability claims against Ledraplastic. The basis for the plaintiffs’ claims is that the exercise balls warrant that they can withstand 600 pounds and claim to be “burst resistant.” In product testing during the litigation, the exercise balls were shown to burst around the 400 pound mark.

As an initial matter, the manufacturer’s claim to be “burst resistant” is not necessarily a fallacy. “Burst resistant” does not equate to “burst proof.” The ball undoubtedly was resisting explosion at all points up to 400 pounds. Therefore, the claim is accurate, to a degree. Unfortunately, the problems rest with the weight resistance points warranted by the manufacturer.

The fact that the ball ruptured at a point less than 600 pounds is not necessarily a deal breaker. For example, if the ball was being used in a manner outside its intended purpose (i.e. lifting weights while standing on the ball, perhaps), then the original resistance points may be legitimately compromised. However, it does not appear that Ledraplastic ever warned that weights should not be used in conjunction with the exercise ball – a warning that could be helpful when using exercise equipment. In fact, as part of the settlement, the manufacturer has circulated a letter among its distributors advising them that the ball should only be used with body weight.

Unfortunately for Ledraplastic, it had to learn about the need for this extra warning at the hands of a wealthy athlete and an NBA franchise.

Last week, we reported on a Halloween-themed lawsuit aimed at Six Flags. In that piece, we briefly debated some of the potential torts found in some of our favorite horror movies. Let us tell you, slasher films could be a plaintiff’s lawyer’s dream.

Well, apparently, we weren’t the only ones pondering such things. Lawyer-journalist Amber Nimocks of South Carolina Lawyers Weekly read that post and interviewed our very own Nick Farr on fanciful horror movie causes of action. The article, entitled, “Ghoul Torts,” ran in the print edition of this week’s issue. The article begins:

Which occupational hazard for lawyers becomes most acute this time of year? The inability to watch horror movies without constantly drafting claims for the victims in your head.

For those who may have an online subscription to South Carolina Lawyers Weekly, you can check out the full version here. If you don’t have a subscription, we hope you can find someone who does. Farr did a great job explaining this very important issue.

Kim Jong-il was a lot of things. Supreme leader of North Korea. Center of an elaborate cult of personality. And, the greatest golfer the world has ever seen. Who knew he was also a pioneer of science? Rumor has it that Kim Jong-il slowed the aging process by injecting himself with the blood of young virgins. A recent study out of Stanford University suggests the idea is not as crazy as it sounds.

Specifically, the study found that the blood of young mice injected into older mice reversed some of the effects of aging. The mice receiving the injections demonstrated improved learning and memory similar to that of their younger counterparts. There was no word on whether the younger mice were of the virgin variety.

While we have no meaningful idea where Kim came up with the young blood idea (although we harbor some suspicions) , it makes sense on a somewhat rudimentary level. Blood is the source of life. Transfuse an old body with young blood. Keep old body young. Sounds logical. Science, however, has a more intelligent answer:

[The researcher] said that the young blood most likely reversed ageing by topping up levels of key chemical factors that tend to decline in the blood as animals age. Reintroduce these and “all of a sudden you have all of these plasticity and learning and memory-related genes that are coming back”. Which factors in particular are causing the effect is unclear since there are hundreds of thousands in blood.

According to the study, young blood transfusions could one day fight off the effects of aging, including Alzheimer’s. If, in fact, this comes to fruition, it could be a monumental breakthrough. When that occurs, expect Kim’s estate to take all the credit posthumously. (And we can’t wait for the young blood products liability lawsuits that will inevitably arrive in that not so distant future.).

(Hat Tip: Executed Today).

Ever watch a horror film and think about all the potential tort claims? Think of all the car manufacturers who could be sued because their vehicles failed to start when needed the most. Certainly, those under-staffed hospitals in the Halloween movies breached a duty of care. And, what about premises liability claims for all those slip and falls suffered while fleeing the killer?

Just imagine the possibilities!

As we here at Abnormal Use like to believe, horror films are a microcosm of real life. Take this new suit in Illinois as an example. According to CBS Chicago, the father of a girl who tripped while being chased by a Halloween character has sued Six Flags. Last October, the girl visited Six Flags Great America for the Halloween-themed “Fright Fest.” While walking through the park, a “character” jumped out of a port-a-potty and chased the girl, squirting her with a water gun. As is always the case when fleeing a villain, the girl tripped and fell, suffering some scrapes on her arms and legs. The girl’s father is now seeking $30,000 in damages on her behalf. The suit alleges the park was negligent in encouraging employees to frighten and chase patrons despite the presence of tripping hazards. The report, however, does not indicate what tripping “hazard” caused the girl to fall. Based on knowledge of horror films, we assume that fleeing from a predator creates new tripping hazards.

Even though the facts in the report are sparse, Six Flags’ liability in this case is questionable. While we do not know the age of the girl, by attending an event known as “Fright Fest,” she should have assumed the risk of being confronted by a “Halloween character.” Admittedly, jumping out of a port-a-potty is a little sketchy, but that fact alone shoudn’t render the park negligent. Unfortunately, we do not know how the character pursued the girl. Chasing her violently and physically pushing her to the ground is one thing. Pursuing her at a Jason Voorhees-like pace is another.

Sure, all is fun until someone gets hurt. But, do we want to water down haunted houses and Halloween experiences over the fear of some scrapes and bruises?

At least movie directors don’t have these same constraints.

Recently, we here at Abnormal Use reported on the Consumer Product Safety Commission’s efforts to ban the spherically shaped magnets known as Buckyballs.  As you might recall, we were a little critical of the CPSC’s over-zealous tactics to protect the public from swallowing the magnets.  Call us reckless, if you will, but we just didn’t see the necessity of banning a product whose alleged “hazards” could be cured by a little self-policing by the consumer.  The product had warnings.  Common sense could keep any accidents from happening.  Sometimes, it appears that, according to the CPSC’s logic, any product could be unreasonably dangerous.

Apaprently, the Buckyballs company made the same observation.

Buckyballs has taken to Facebook launching its own campaign against the CPSC’s logic.  As pictured above, Buckyballs’ creativity did not cease with the invention of the magnetic sphere.  It’s true.  Any product, including a bed, can pose a hazard when not used properly.  As much as we love warning labels, even with them, accidents can sometimes occur.  Obviously, it would be ridiculous to require these types of warnings for a bed.

While we agree that the CPSC’s draconian efforts to ban Buckyballs are ridiculous, the company’s campaign is comparing apples to oranges.  In most instances, falling out of a bed is accidental and not the result of the sleeper’s own comparative fault.  The ingestion of magnetic spheres, on the other hand, typically takes some ridiculous affirmative act.  Even though a warning should not be necessary with either product, at least with Buckyballs, the label need only warn the user to exercise common sense.

In the case of Buckyballs’ coconut spoof, we must respectfully disagree.  Coconuts should be banned, but not due to the risk of injury from their falling.  Rather, coconuts should be banned – or at least heavily regulated by the FDA – as an unsafe food additive.  How many times have you been handed a delicious looking piece of cake only to discover after biting into it that it has been tainted by this horrible food?  A discovery that undoubtedly induces a negative reaction – one that can pose dangerous to those in the vicinity.  Therfore, coconuts should be banned.  Perfect CPSC logic.

(Hat tip: Walter Olson).

Over the past couple years, we here at Abnormal Use have written a great deal about hot liquid product liability cases.  Just this week, we reported on hot soup in a school cafeteria.  Last week, we told you about the case of the hot tea on an airline flight.  We have even kept you abreast on hot coffee litigation nationwide.  And, of course, the genesis of it all – Plaintiff’s attorney Susan Saladoff’s anti-tort reform documentary, Hot Coffee.

Now, it all comes full circle as Saladoff has come to our backyard.

Tonight, from 7:00 to 9:00 p.m. at the EpiCenter Theater in Charlotte, North Carolina, you can attend a screening of Hot Coffee followed by commentary from Susan Saladoff.  The screening is sponsored by the Mecklenburg County Bar Association.  There is no cost to the general public or for attorneys not seeking CLE credit.  For those who would like 2 general hours of CLE credit, the cost is $90.

You may remember Saladoff cancelled an interview with Abnormal Use just prior to the release of Hot Coffee. We wrote at length about her background as a plaintiff’s attorney and her potential bias as a filmmaker covering the infamous Stella Liebeck McDonald’s hot coffee case litigation.  Maybe tonight, we may get the chance to finally meet her and ask her some questions.  We will be sure to report on our experience.

We here at Abnormal Use often write about hot beverage litigation. Just last week, we reported on the tale of the hot tea and the airplane.  And, of course, we are no strangers to the McDonald’s hot coffee case.  Most of these hot beverage lawsuits share a common hurdle – the liquid at issue is intended to be served at temperatures the plaintiff’s later deem “unreasonably dangerous.”  If a consumer demands his beverage to be served hot, he shouldn’t be able to sue the restaurant for meeting his expectations.

But what happens when the hot liquid is a cup of soup?  And the consumer is an young old girl in a school cafeteria?

In Wisconsin, an 8-year old girl has sued the Beloit Turner School District over burns she sustained by a cup of soup served by the cafeteria staff at Powers Elementary School.  According to the Janesville Gazette, the complaint alleges:

The hot soup was placed on the girl’s lunch tray. She began to carry her tray to another table, but someone bumped her, and the tray tipped, causing the hot soup to spill onto her left forearm and cause injuries.

Further, she alleges that the School District and its cafeteria staff were

[N]egligent in serving a substance at an unsafe temperature to an 8-year-old child, were negligent in failing to properly instruct its students on how to carry the unsafe substance, failing to properly warn its students of the unsafe substance and the dangers thereof, and failing to properly supervise its employees, agents and students at all times material to this complaint.

At this time, there is no information regarding the temperature of the soup.

As an initial matter, this case is clearly distinguishable from many of its hot beverage predecessors.  First, the plaintiff is a minor and doesn’t share the same degree of culpability for assuming the risk of her food choice (if she actually had one).  Second, she was required to transport the hot soup on a lunch tray through the cafeteria – a scenario that can lead to spills.  As a result, this case could find itself in the hands of a jury.

Nonetheless, a bowl of soup shares one thing in common with a cup of coffee.  Even in a school cafeteria, soup is expected to be served hot.  If not, parents would undoubtedly be complaining at the district office.  While we do not know the actual temperature of the soup served, the school district should not be found liable solely on the basis of serving “hot” soup.

As stated above, this case is unique in that it involves a minor in a school cafeteria.  Obviously, the school has some duty to look out for the safety of students.  But how far should that duty extend?  This is not a case about a corporation allegedly sacrificing safety to protect its profit margin.  School districts all across the country are in dire straits financially.  Should we really require that they provide warning labels on its soup bowls?  Or, will a simple verbal warning suffice?

Certainly, this case presents some novel issues for the hot beverage (or food) progeny.  We will be sure to keep you posted as more information surfaces.

Hot beverage litigation lore now has a new chapter – “Tea, Airplanes, and Bulkhead Seats.” According to The City Paper, a Tennessee woman, Angelica Keller, has sued Southwest Airlines after spilling hot tea in her lap mid-flight. Keller spilled the beverage when attempting to pry loose a tea bag wedged between two cups. Apparently, Keller was seated in the first row of the plane, so she did not have an available drop down table to rest the cups. Before she could unbuckle her seat belt and stand up, the hot tea spread around the seat cushion, allegedly causing her second degree burns. Thereafter, she filed suit against Southwest, alleging that the airline failed to warn her of the hazards of delivering a hot beverage during a flight in a bulkhead seat.

On the one hand, this matter sounds eerily similar to the infamous McDonald’s hot coffee case. Passenger injured while holding a hot beverage in her lap. Burns exacerbated by sitting in the liquid. Facially ridiculous lawsuit to follow. Abnormal Use picking up the story.

On the other hand, this case does have some intricacies that may distinguish it from its coffee predecessors. Notably, due to her mode of transportation, the plaintiff was under the control of the defendant. It is at least arguable that the accident could have been prevented had Southwest provided tables for the bulkhead seats. Moreover, unlike the consumer who purchases hot coffee and is free to go wherever he chooses, an airline passenger confined in a packed seat thousands of feet in the air has no such luxury.

Unlike the hot coffee cases which allege that restaurants are serving an unreasonably dangerous product, this suit alleges that Southwest is negligent for serving hot liquids on a potentially turbulent flight. An interesting concept, that is. Interestingly, the plaintiff does not appear to allege that the spill was caused by turbulence, but rather, by her own conduct.

Regardless of their differences, this suit has one glaring similarity to the hot coffee cases before it – the beverages are meant to be served hot. Users should assume the risk of burns when handling a known (and desired) hot liquid.

Recently, the Consumer Product Safety Commission recalled custom-made horizontal and vertical blinds manufactured by Michigan-based Blind Express.  According to the CPSC report, the vertical blinds contain adjustment cords that do not attach to the wall or floor.  Likewise, the horizontal counterparts do not possess inner cord stops to prevent the cords from being pulled from the blinds.  As a result, children can become entangled in the cord loops.

The recall was prompted by a report of a 2-year-old girl strangled in the cord of some vertical blinds.

We here at Abnormal Use have not always seen eye-to-eye with the CPSC.  The CPSC, for all the good it does, is sometimes overzealous with its recalls.  In this instance, however, we can agree that loose blind cords present good grounds for a recall – especially when young children are placed in harm’s way.

Nevertheless, while we may support the end result, let us be a little a critical of the CPSC’s methods.  Just check out these photos from the CPSC recall notice:

Wow. We can understand using “fire and brimstone” tactics to make a point, but hanging baby dolls may be a bit excessive.  The blinds pose a strangulation hazard.  We get that.  But please explain how babies get trapped in the cords and then somehow suspended in mid-air?  We are guessing these are not accurate depictions of the hazards.  Something about these photos screams more psychopath journal than instructional warning label.

Illustrative warnings can be helpful – and sometimes even necessary – to get the point across.  Sometimes, however, a simple diagram will suffice.

“Man goes to bar.  Man consumes alcohol.  Man rides mechanical bull.  Man falls.”

A familiar story to anyone who has ever visited a Texas-style honky tonk.  The synthesis of alcohol and a simulated rodeo is difficult for anyone to resist.  Unfortunately, the combination can also lead to embarassing falls and, in some cases, injury.

Sounds like the makings of a good lawsuit, right?

In Thom v. Tonk, No. 03-11-00700-CV (Tex. App – Austin, Aug. 30, 2012), a Texas man filed suit against Rebel’s Honky Tonk after injuring his back after falling from the bar’s mechanical bull.  The man signed a release before riding the bull but failed to disclose his chronic back condition to the operator.  Nevertheless, the man rode the bull, found himself thrown from it, and fractured two vertebrae in his back.

The trial court granted the bar’s motion for summary judgment on the basis of release and assumption of risk.  On appeal, the man argued that the release was inconspicuous and that actual knowledge could not replace the requirement that the release be conspicous.  However, the Austin Court of Appeals found that the release’s title, “PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK,” left little doubt as to the document’s purpose.  Furthermore, the man testified at his deposition that he understood that the release was a waiver in the event he was injured.  So there goes that argument.

Notwithstanding his signature on the release, the man also argued that because he did not read the document, he could not have known the risks involved in riding the bull.  But then again, the man did testify that before mounting the bull, he did not witness anyone ride without falling.  And, of course, this is Texas, so undoubtedly the man has witnessed a rodeo a time or two.  In any event, the court was unpersuaded, holding that one is presumed to a know the contents of a contract that one signs.

A difficult sale it is to contend that one did not appreciate the risks of riding a mechanical bull.  Unlike the rodeo, the purpose of the mechanical bull is more than an 8-second ride.  The end-game is the fall.  Never has a mechanical bull operator thrown his hands up after a customer’s short stint on the bull saying, “Ok, Ty Murray.  I give up.  You are too good.”   You get on the mechanical bull to get tossed and to provide a good laugh for the crowd.

Injuries are obviously no laughing matter.  But, in this case, mechanical bull suits belong in the courtroom like a bull belongs in a china shop.