Site icon JONATHAN TURLEY

Florida Doctor Allegedly Strangled By Neck Massager

Dr. Michelle Ferrari-Gegerson, 37, has died in a bizarre case with product liability implications. Police say that Ferrari-Gegerson was accidentally strangled by a electronic neck massager on Christmas Eve when her necklace got caught in the massager.

Ferrari-Gegerson had just finished the evening wrapping gifts when she decided to use the neck massager.

A previous case of strangulation involved a different product and a case of possible foreseeable misuse. In December 2008, the Matoba Electric Manufacturing Company in Japan recalled the Arubi Shape-Up roller — an electronic foot massager that was implicated in three strangulations of women who used the machine as a neck massager. This is not the only danger of neck massagers.

The police have refused to disclose the make of the neck massager pending the investigation — a decision that could be controversial is another injury occurs. Dr. Ferrari-Gegerson also taught as an associate professor at the University of Miami.

If the neck massager can snare a necklace and cause strangulation, it would appear a likely case for foreseeable misuse as a product liability matter. This danger can be magnified by a product which can lull the user into sleep. If effective in relieving stress or pain, it is foreseeable that someone could doze off if the massager does not require constant or active pressure on a button to stay operative.

Source: Miami Herald

Jonathan Turley

Kudos Mespo for link on other dangers.

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