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Gary Plays Golf

Gary was so excited. He was working on improving his golf game. Recently, he saw a commercial that advertised a device that helped to improve personal golf scores. The device was designed to calculate how wide a golfer should swing based on the golfer's weight, height, and strength. The man on the commercial said that is was "the best golf invention ever," and was "guaranteed safe!" Gary ordered the device. The first time Gary used it, he fell backwards and broke his wrist. Gary sued the company for damages. What rights does Gary have in this case?

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Solution Summary

Gary was so excited. He was working on improving his golf game. Recently, he saw a commercial that advertised a device that helped to improve personal golf scores. The device was designed to calculate how wide a golfer should swing based on the golfer's weight, height, and strength. The man on the commercial said that is was "the best golf invention ever," and was "guaranteed safe!" Gary ordered the device. The first time Gary used it, he fell backwards and broke his wrist. Gary sued the company for damages. What rights does Gary have in this case?

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This depends on the claims that the manufacturer made. In reality, a manufacturer would never advertise that a product is "guaranteed" anything -- it sets the company up for an unreasonable amount of liability. It may be guaranteed safe assuming that every consumer knows how to ...

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