Hydraplastic and its Negligence in the Production of its Exercise Ball

FACTS
At 19, Dwayne Thomas was signed to the Atlantis State basketball team as a point guard in the NBA draft picks. The contract terms were based on a five-year contract valued at $65 million. Hydraplastic is a company that makes exercise balls used by professionals. During their marketing campaigns, Hydraplastic marketed the exercise balls as “made from burst-resistant, latex-free, vinyl,” which could support a maximum weight of 600 pounds. On 14th September, Thomas used the 75cm exercise ball, carrying a total load of 180 pounds, significantly three times lower than the recommended weight. While balancing the exercise ball against the consequences, it suddenly burst and left Thomas with server injuries that cost him four months of his rookie year, a fractured forearm, and resultant damages in medical bills. During discovery assessments, Dwayne’s attorney hired a lab to check the authenticity of the Hydraplastic exercise balls. Several exercise balls during testing burst below the threshold of 400 pounds, contrary to the information issued by Hydraplastic during their marketing campaigns.
ISSUE
The underlying issue thus is, is Hydraplastic liable to compensate Thomas and Atlantis Team over the losses arising from the bursting product line of 75 cm exercise balls?
RULE
Hydraplastic is in the spotlight for issuing information that was not necessarily accurate. As a result, they best the burden of proving that the information was precise indeed compared to the lab results from the attorney’s report. The Plaintiff carries the burden of provision of evidence and proof that there was, in fact, an element of ne...