Sal was at home going through his normal workout when he bent his barbell bar. S

Question

Sal was at home going through his normal workout when he bent his barbell bar. Sal is a professional bodybuilder, and this fact is obvious from his appearance. Sal went to his local sporting-goods store and was approached by a clerk wishing to assist him. Sal told the clerk about his problem and the clerk asked Sal to wait while an appropriate bar was located. The clerk presented Sal with a bar that the clerk said "is just what you need for your type of weight requirements." Sal paid for the bar and was returning home when he stopped at a health food restaurant. The drink that he ordered had an unusual taste, but the food establishment refused a refund. Sal became ill from the drink, which, as it turned out, had a toxic substance in it. Sal had to be hospitalized. When Sal was able to work out again, he attached the weights to the new bar and lifted the bar under his chin. The bar snapped in the middle and severely cut Sal. Sal is angry about the drink and the barbell. What are the applicable warranties involved? Does Sal have a cause of action?

Explanation / Answer

First you have to sort out all the unimportant mumbo, jumbo.

The fact that Sal is a professional body builder is somewhat irrelevant, but then again, if he really was he should have known which bar would be appropriate for his workout needs without the help of an unprofessional clerk.

The fact that Sal got ill from the drink is also irrelevant to the bar bell part of the story. But, Sal could sue the restaurant for serving him the tainted drink in a different action.

As for the bar, again, as a professional body builder Sal should know which bar bell would be appropriate for his work out routine without relying on the clerk. . If, however, the bar was defective, he has a cause of action against the manufacturer

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