Question: VERY INTERESTING QUESTION! PLEASE HELP! Eddie is having a mid-life crisis at age 50. In an attempt to prove that he is equivalent to a
VERY INTERESTING QUESTION! PLEASE HELP!
Eddie is having a mid-life crisis at age 50. In an attempt to prove that he is equivalent to a 20 year-old, Eddie decides to learn to ski jump at an outdoor ski jumping facility in Northern Michigan. In preparation for his jumping lessons, Eddie visits the local alpine ski shop, The Alps, and asks to speak to a trained associate. He specifies that he will be ski jumping in the U.P., and that he will need an affordable set of skis to use in his jumping lessons. The associate selects a pair of skis from a wide variety of possibilities and Eddie leaves the store a "happy flyer" after his purchase.
Eddie begins his lessons the following day. Unfortunately, he has a horrific crash while using his new skis during his very first jump off a 40 foot jump ramp. Eddie awakens in the emergency room and sees in horror that both his legs have been broken, he needs extensive surgery and physical therapy afterward and he realizes with great disappointment that he will never be able to fulfill his dream of becoming the next Eddie the Eagle ski jumper, his hero from the Olympics years ago. Further, Eddies notices his skis are propped up next to his bed in his hospital room. They are trademarked-stamped "Terrain Park Beginner skis", with a sticker reading, "Gear intended for small tricks and jumps off beginner features no higher than 3 feet".
As a result of this misfortune, Eddie incurs medical expenses of $550,000 for treatment and rehabilitation. His doctor informs him that he has a 20% partial but permanent disability of his legs.
Under the UCC, is The Alps store legally responsible for Eddie's medical expenses and permanent disability? Why or why not? How does the UCC apply in this situation? Fully discuss ALL elements of applicable business laws in support of your answer utilizing proper legal terminology.
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