Seeking help with an auto accident claim, Robert Friedrich was in a meeting with an attorney at a personal injury law firm in 2003 when a chair collapsed under him. He won a $2.2 million jury verdict against the law firm of Fetterman & Associates and a retailer that sold the chair, but an appeals court directed a verdict against him, finding a lack of needed causation. Now the Florida Supreme Court has reinstated the verdict [Legal Profession Prof, ABA Journal, earlier]
Perhaps the most remarkable passage in the ABA Journal’s coverage:
An expert for Friedrich said an inspection should have revealed the “weak joint” in the chair blamed for the collapse and said it should be standard procedure for businesses to test chairs every six months, the court recounts. An expert for the law firm said the only test for defects in chairs is to sit in them, and no other test would have revealed the defect that caused the Friedrich accident. …
A dissenting judge would have upheld the directed verdict against Friedrich. Even if the jury agreed that businesses should inspect chairs every six months, the dissenting judge said, there was insufficient evidence to prove that an inspection would have revealed the defect in the chair at issue.
Commenter DKJA at the ABA Journal writes:
So every business in Florida now has to “inspect” every piece of furniture every six months in perpetuity?
Maybe we should just replace all furniture with beanbag chairs. Although I’m sure someone would figure out how to injure themselves on one of them as well.