Harry Reid, a respected U.S. Senator, has filed suit against exercise equipment maker Hygenic Corp. The product liability lawsuit by the Senate Minority Leader was filed in a Nevada state court last month. It was alleged that an elastic workout band Sen. Reid was using broke or slipped from his hand, causing him to hit his face on a cabinet. The senator, who is joined in the suit by his wife Landra Gould, says that Hygenic Intangible Property Holding Co. and its Ohio-based subsidiary Hygenic Corp. knew or had constructive knowledge that its TheraBand elastic resistance band was dangerous for use by the elderly, but failed to include any warning inside the packaging of the product that the band could break or slip from a user’s hand while exercising.
It’s alleged in the complaint that Hygenic Corp. acted negligently by failing to design, make or sell their exercise band in a reasonably safe condition that was free from any dangerous hazards, and breached its implied warranty by selling a product that was defective and dangerous for the elderly to use. Sen. Reid, who is 75, had the TheraBand mounted to a sturdy object in the bathroom of his Henderson, Nev., home the morning of Jan. 1. He was using it to work out when the elastic band either broke or slipped out of his hand, causing him to spin around and strike his face on a cabinet, according to the complaint. Sen. Reid broke several bones in his face around his right eye, causing his partial loss of vision. He also broke several ribs, injured his hand and suffered a concussion.
The complaint refers to a portion of the patent application that the Defendants submitted for the TheraBand back in March 2013. It describes the background of their invention and acknowledges that elastic exercise bands in general can be hard for an elderly person or someone with extensive muscle damage of the hands or feet to grip. Sen. Reid contends that Hygenic Corp. had knowledge that folks who exercised with elastic bands may mount them to sturdy objects, and that elastic bands might be difficult for the elderly to use, but still failed to warn him of its dangers. Had he known, Sen. Reid says he would have taken precautions to avoid injuries. Sen. Reid and his wife are represented by James M. Morgan of Lanzone Morgan LLP, a firm located in Long Beach, Calif. The case is in the District Court of Nevada, Clark County.
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