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Orland borrowed an edger from Max

Facts

A)                Orland borrowed an edger from Max.

B)                Max had not used it in two years.

C)                The edger had a loose blade.

D)                Neither Orlando nor Max were aware of the loose blade.

E)                 Orlando had not used an edger before.

F)                 Orlando was injured during the operation of using the edger by the loose blade.

Issue:

Orlando borrowed an edger that needed maintenance for safety sake.  Neither Orlando nor Max were aware of the loose blade on the edger.  Max also did not give Orlando any proper instruction on how to use the edger as Orlando had never used an edger before.  Orlando was injured and wants to hold Max liable for the injuries.

3. Rules and analysis:

      Upon the loaning of the edger this formed a bailment which is a common occurrence.  The ultimate end of the bailment period is to have the property returned in like or better condition.  Technically at this point Max can be held liable for the blade if they blade came off as the product borrowed would be in worse than the like condition in which he received it.  There are different types of bailments and those are for the sole purposes of the bailor, bailee or a mutual purpose

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such as when renting the edger.  There was no compensation of this bailment thus it became a sole benefit for the bailor.  Under these circumstances the bailee, Max, is not responsible for injuries that occurred.  Had Max rented the edger and injuries had occurred to Orlando then yes Max would be liable due to the reason of him not exercising ordinary care which allowed the blade to loosen.

3.      Conclusion:

Max is not liable for the damages incurred.  Orlando must pay the cost of the injuries himself and technically should be made liable for the replacement of the blade as well.  Max can counter claim for damages that happened to the edger and can prevail simply due to the type of bailment this was.

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