$600,000 Recovery – product liability – defective bungee cord – cord hook straightens under tension causing plaintiff to be struck in eye – traumatic cataract – permanent optic nerve damage – partial loss of vision in left eye.

Pennsylvania Jury Verdict Review & Analysis
Philadelphia County

The male plaintiff a 33-year-old carpenter, was struck in the eye by the end of a bungee cord distributed by the defendant. The plaintiff claimed that the bungee cord was defective in that the cord hook straightened under tension and that the product lacked warnings. The defendant maintained that the plaintiff had failed to properly hook the bungee cord and overstretched the cord. The defense also disputed the extent of the eye injury sustained by the plaintiff.

On May 30, 1996, the plaintiff was using a bungee cord in an attempt to secure aluminum siding to the bed of a Ford F150 pick-up truck. The pick-up truck was equipped with two eyelets located on each side of the middle of the truck bed. The plaintiff contended that he hooked one end of the bungee cord to the passenger side eyelet and pulled the cord through the eyelet on the driver’s side of the truck. While tensioning the cord, the plaintiff alleged that the bungee cord hook which connected to the eyelet on the passenger side of the truck straightened, causing the cord to fly across the truck and the hook end to strike him in the eye.

Discovery revealed that this was the first time that the subject bungee cord had ever been used. It was manufactured overseas and distributed by the defendant to a retail store where it was purchased by the plaintiff. The bungee cord was supplied in packaging prepared by the defendant.

The plaintiff’s liability expert reported that the hook on the end of the bungee cord straightened due to insufficient steel strength used in its construction. The plaintiff also claimed that the packaging contained no warnings or instructions regarding safe use and operation of the cord.

The plaintiff sustained a traumatic cataract as a result of the incident as well as optic nerve damage to his left eye. The cataract was surgically removed. The plaintiff’s physicians opined that the nerve damage to the left eye is permanent. The plaintiff’s doctors reported that the plaintiff has been left with 20/200 vision which is uncorrectable and that the plaintiff is at the borderline of legal blindness.

The defendant contended that the plaintiff had extensive experience using bungee cords, having used them on a daily basis at carpentry and construction sites. The defense denied that the hook straightened and alleged that the cord was improperly placed in the truck’s eyelet and that the cord was excessively stretched by the plaintiff. The defendant also contested the severity of the injury to the plaintiff and claimed that there were no objective tests to substantiate his claim of vision loss.