Bob is at the Boston Biceps Bodybuilding Club riding an exercise bike. Bob wants to change the station on the television which is mounted high on a nearby wall. He reaches for the remote control device, and finds that another member has accidentally taken the remote control device and left behind a cellular phone. Bob drags the exercise bike over to the television. He stands on the seat of the exercise bike in order to reach the television, but the seat post breaks and Bob falls to the floor. Bob is not injured, but cannot control his temper. He puts his 180 pounds of all muscle/no fat into destroying the exercise bike. He throws it across the room against the wall, breaking it into several pieces. The handlebars land on the running track. Bob finds another exercise bike and continues his workout. Another patron, Randy, trips over the handlebars while running on the track about 30 minutes later. Randy sues both Bob and the Club for negligence. Discuss separately the case against each defendant, and the potential for a case against the bike manufacturer.© BrainMass Inc. brainmass.com December 15, 2020, 2:38 pm ad1c9bdddf
The case against Bob is alright but probably not as strong as the case against the club because Bob should have known that other people would be using the facility and failed to inform anyone about the broken bike. However, Bob doesn't have any type of special duty to Randy as Bob is just a co-member of the club and not the owner.
The case ...