This website uses cookies to ensure you have the best experience. Learn more

Barnhard V. Cybex International, Inc Essay

578 words - 3 pages

Natalie M. Barnhard v. Cybex International, Inc

Background: In October, 2004, Natalie Barnhard, a physical therapy assistant, was
overseeing a patient’s therapy. During the task, Barnhard placed her right hand on a leg-extension machine’s weight stack frame a started to rotate her torso to strech her right shoulder. The machine tipped and fractured two vertebrae upon striking her neck.

Barnhard’s fractured vertebrae rendered her a quadriplegic. She no longer has control of her bowels or bladder, requires round the clock care, and rendered her unable to start the massage therapy practice she was in the process of founding. According to medical experts, Barnhard’s life expectancy was shortened to 64 years or less.

Barnhard sued the machine manufacturer, Cybex International, alleging the product was defectively designed. Cybex alleged that Barnhard’s employer, Amherst Orthopedic, was negligent in ...view middle of the document...

Issue: Did Cybex fail in its duty to properly warn users of potential hazards and
safety concerns in relation to its product?

Rule: Product Warning Label Laws
Both the FDA and ANSI have strict requirements for product warnings. Any item that could potentially cause harm in anyway must have adequate and proper product warning labels.

Analysis: Many products require a warning label stemming from a duty to warn.
Whenever a product carries with it a hazard or a risk, the manufacturers have a series of obligations imposed by tort law and by the American National Standards Institute. ANSI Z535 series, Safety Signs and Colors dictates the requirements for warning labels on products in the United States.
When possible, manufacturers must eliminate hazards in the design of products. When this is not possible, the risk of harm must be minimized by other protective measures, including guarding or limiting measures on the product.
When the product is as safe as possible, given its intended use and design, any remaining hazards must be addressed by the use of a warning label. The warning label should inform consumers of any training, procedures or protective equipment a person can use to minimize the potential for harm.
The warning labels should also dictate the specific types of harm the product carries with it.

Conclusion: The jury found that Barnhard, Amherst Orthopedic and Cybex were
all negligent. Cybex was assigned 75 percent of the liability; Amherst Orthopedic was assigned 20 percent of the liability; and Barnhard was assigned 5 percent of the liability.

Barnhard was awarded as follows: $1,689,439 Personal Injury: Past Medical Cost, $28,563,128 Personal Injury: Future Medical Cost, $151,690 Personal Injury: Past Lost Earnings Capability, $1,797,612 Personal Injury: Future Lost Earnings Capability, $8,000,000 Personal Injury: Past Pain And Suffering, $25,000,000 Personal Injury: Future Pain And Suffering, $792,435 Personal Injury: future care for potential children.

Cybex intends to seek post trial relief from the jury’s verdict.

www.law.com/vedict search

Other assignments on Barnhard V. Cybex International, Inc

T&W Building Co V. Merrillville Sport & Fitness Inc

1332 words - 6 pages pleased with the outcome of the case and believe that justice had been served. Reference Cheeseman, H. Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues (7th ed). Pearson Learning Solutions. Retrieved from http://online.vitalsource.com/books/9781256088080/id/ch49lev1sec08 Free Advice. Landlord Tenant (2012). Retrieved March 22, 2013 from http://real-estate-law.freeadvice.com/real-estate-law/landlord_tenant/ T&W Building Co v. Merrillville Sport & Fitness Inc. (26 Oct 1988). Retrieved March 15, 2013 from http://in.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19881026_0031146.IN.htm/qx

Efgs Essay

4033 words - 17 pages lingerie. This innovative direct-to-the-consumer approach was ground breaking at the time. The campaign was so successful, the Vanity Fair brand became a household name. the company once again changed its name to Vanity Fair Silk Mills, Inc. in 1919 (V. F. Corporation History Funding Universe.com). By the early 1920s, Vanity Fair discontinued its glove manufacturing operation to exclusively dedicate to lingerie manufacturing. In 1931 J.E. Barbey was

Apple Marketing Mix

1000 words - 4 pages , including some aimed at college students. People * Stephen P. Jobs is the Chief Executive Officer of the Executive Board at Apple, Inc * Non Executive Board Directors include William V. Campbell, Millard S. Drexler, Albert Gore, Andrea Jung and Author D. Levinson. * Key Senior Management team members include Timothy D. Cook, (COO), Scott Forestall, Jonathan Ivey, (Industrial Design), Ronald B Johnson (Retail), Robert

Computer

2082 words - 9 pages , Infosys Technologies (Shanghai) • Amanda J. Litzow, Computer Associates • Dr Gary Liu, China Europe International Cadol Cheung, Intel Capital Asia Pacific • Henry Low, Solectron Corporation • Nathaniel Cheang, Arrow Electronics Asia Ltd • James Chen, Arrow Electronics China Ltd International Inc. • Company Ltd Prof. Shuaihua Cheng, Shanghai Municipal Government Development Research Center International Inc. & Fudan University

타타모터스

588 words - 3 pages providing a wider variety of motorcycles to customers as options to purchase. This competitive- shift has put pressure on Harley-Davidsons key markers and has forced the firm to respond With over 12 percent and 55 percent of the European and US. heavy weight motorcycle market respectively, Harley- Davidson has a substantial territory to defend. History Harley-Davidson, Inc. has been a publicly traded Firm since 1987. It has two primary divisions

Global Finance

3346 words - 14 pages Global Finance, Inc. is an international organization with expansions in many states. In every state, the company has a number of sites and each site has several workers and customers. Offices are interconnected to each other and to the host organization. As an international organization, Global Finance, Inc. requires a robust network that can support its daily operations, a secure network system and efficient network management strategies

International Legal And Ethical Issues Simulation Summary

590 words - 3 pages one reading it brought case 25.2 to mind. In the scenario the employees were being religiously discriminated against and forced the company to change their policy of no facial hair. In case 25.2 “Butters v. Vance International, Inc., 225 F.3d 462 (4th Cir. 2000)” Butters was a female working in an Islamic community and didn’t get a promotion simply due to the fact that she was a women. She sued the company and lost even though it was obviously

Commercisl Law Study

3008 words - 13 pages ) 169 CLR 594. [10] Campomar Sociedad Limitada v Nike International Ltd (2000) 202 CLR 45. [11] Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) ATPR para 40-303. [12] Wilkinson v Katies Fashions (Australia) Pty Ltd (1986) ATPR 40. [13] Yorke v Ross Lucas Pty Ltd [1985] 158 CLR 661. [14] Competition and Consumer Act 2010 (Cth) sch 2 [15] Australian Competition and Consumer Commission v Telstra Corporation Limited [2007] FCA 1904

The Implementation Of Effective Organisational Change: Apple Inc

3899 words - 16 pages iCloud and the App store. Apple enjoys a high level of brand loyalty and is the world’s second largest information technology company. Project interest The report paper presents an analysis of internal and external environment of Apple Inc, and examines its strategies for international marketing and this is in terms of usefulness and effectiveness for its international operation. SWOT AND PESTEL ANALYSIS FOR THE INTERNATIONAL BUSINESS

Mcdonalds Swot

1185 words - 5 pages income showed they had $6,987.1 million in revenues. McDonald’s employees nearly 2 million people while fighting to stay on top of the fast food industry. Their main competition comes from Burger King Inc., Yum! Brands Inc., Subway and Wendy’s Company. SWOT Analysis: Strengths • One of the most recognizable brands in the world with restaurants in 119 different countries. You can find a McDonalds on every continent except Antarctica • Very

Journal Of International Commercial Law And Technology

5565 words - 23 pages or human error, the situation is not very clear, even in the case of instantaneous communications. The House of Lords hesitated to apply the general rule where there is a delay or error in the transmission. For example, in Brinkibon Ltd v Stahag Stahl 51 Journal of International Commercial Law and Technology Vol.2,Issue 1(2007) und Stahlwarenhandel GmbH, ([1982] All ER293), the court held that “Some error or default at the

Similar Documents

Braun Assignment

3539 words - 15 pages to pay in local currency. It is also increases customer potential for foreign manufactory distributors can also help us to access to local and national wide sales(Maier and Vidorno 2015). Also “Indian consumers continued to shop for electronics products in electronics and appliance specialist retailers and in hyper markets and online retail have been registering strong growth for sales”(Euro Monitor International 2014). Rural consumers

Business Law Management Essay

1139 words - 5 pages issues prior to the exams. CLASS ASSIGNMENTS The syllabus is a work in progress, as a class we may decide to spend more or less time on a topic of interest. Unless otherwise indicated, we will follow the outline below. January 20, 2010 - Introduction/Overview Courts and Jurisdiction • Required reading (note this assignment is larger than normal) 1. International Shoe v. Washington (On Blackboard) 2. Zippo v. Zippo (On Blackboard

Byte Products Incorporated Essay

921 words - 4 pages information about the study. V. Areas to Consider SWOT Analysis Strength * Leadership Involvement: The company has established its name in the market * Market leadership: large market share and high profitability margin in a market (32% market share) * Wide range production: Byte Products, Inc., one of the largest volume suppliers for the production of electronic components used in personal computers. * Quality Products: Quality

International Business Essay

1506 words - 7 pages A) The name of the company is Apple. The reasons of choosing this company to explore its experience using the concepts of International Business are as follow: Global pattern of trade * Apple is the global company in the retail industry. 43,000 of Apple employees in the United States to work in the 30,000 Apple stores. Apple retail store employees to do more than the average wage of employees, and provides money for universities, as well as