Question: Intex Recreation Corporation designed and sold the Extreme Sno Tube
Intex Recreation Corporation designed and sold the Extreme Sno Tube II. This snow tube is ridden by a user down snow covered hills and can reach speeds of 30 miles per hour. The snow tube has no steering device, and therefore a rider may end up spinning and going down a hill backward. Dan Falkner bought an Extreme Sno Tube II and used it for sledding the same day. During Falkner’s second run, the tube rotated him backward about one quarter to one third of the way down the hill. A group of parents, including Tom Higgins, stood near the bottom of the hill. Higgins saw 7 year old Kyle Potter walking in the path of Falkner’s speeding Sno Tube. Higgins ran and grabbed Potter to save him from harm, but while he was doing so, the Sno Tube hit Higgins and threw him into the air. Higgins landed on his forehead, which snapped his head back. The impact severed Higgins’s spinal cord and left him quadriplegic. Higgins sued Intex for damages based on strict liability. Is the snow tube defective? Higgins v. Intex Recreation Corporation, 199 P. 3d 421, 2004 Wash. App. Lexis 2424 (Court of Appeals of Washington, 2004)
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