Exercise Ball Without Warning Labels Explodes Injuring Trainee

This case involves a plaintiff who was injured while working out with a personal trainer. The trainer had the plaintiff use an exercise ball to sit on while doing presses with dumbbells above her head.

ByJohn Lomicky

Updated on

Exercise Ball Without Warning Labels Explodes Injuring Trainee

The plaintiff was a 140 lb woman, and the dumbbells were 30 pounds each. The plaintiff had never used this type of exercise ball in a workout before and was not aware that the ball had the potential to explode. There was no warning label printed on the ball directly. Although the ball had come with a warning in the packaging, that packaging had been discarded by the gym. While the woman was completing the exercise, the ball exploded and the weights fell onto her chest causing serious injury. It was alleged that a warning should be printed on the ball itself considering the likelihood that the person using the ball would not be the one who had purchased it and taken it out of the packaging. An expert was sought to discuss warnings standards for exercise equipment.

Question(s) For Expert Witness

Please describe your familiarity with warnings standards for this type of equipment.

Expert Witness Response E-000942

inline imageI have been an expert in several exercise equipment cases including one for the fitness training ball and its instructions and warnings. The warnings standards generally follow the consumer product standards, of which I am well aware. Many of my cases involve warnings and instructions. I have been a contributing author for a technical standard for labeling and instructions for home healthcare devices and serve on committees that deal with warnings and safe design. In this particular case, my additional education in physics may be especially useful to supplement my human factors expertise. It is not clear what the hazard was and what warning was included in the packaging, but as a rule, warnings and instructions need to be located where they are needed and that may very well have been on the ball, itself. There are durability issues that a manufacturer would need to solve and the fact that the ball exploded would make me think about whether the design specifications were appropriate for the user population and the expected uses.

About the author

John Lomicky

John Lomicky

John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. His extensive professional experience includes significant contributions in legal business development and research.

At Expert Institute, John held several key roles over five years, including Director of Business Development, where he oversaw an inside sales team, generating six-figure monthly revenue and fostering relationships with a diverse range of legal practices, including top-tier firms and solo practitioners. As Associate Director of Research, he led the company's first physical expansion, establishing a successful operation in California and managing a team of over 20 research and sales professionals. In his role as Associate in Research, he provided tailored consulting services to attorney clients across North America, connecting them with the right experts for cases in various fields, including personal injury and intellectual property,

John's expertise spans managing sales teams and driving company expansion, developing consultative services tailored to legal practices, and cultivating strong relationships within the legal community.

He is currently pursuing a JD/LLM in Tax at the University of Florida - Fredric G. Levin College of Law, where he is involved with the Florida Tax Moot Court Team and the Low-Income Taxpayer Clinic.

Find an expert witness near you

What State is your case in?

What party are you representing?

background image

Subscribe to our newsletter

Join our newsletter to stay up to date on legal news, insights and product updates from Expert Institute.