Seven-year-old boy and his mom set out to go sledding at the neighborhood elementary school. At the school, one of the boy’s friends asked the boy if he could use the boy’s sled and in turn, the boy could try his snow tube.
The boy and his friend then went to the top of the hill where other children were sledding. The boy got onto the snow tube sitting up with his legs straight in front of him. As he proceeded down the hill, the snow tube began to accelerate in speed and to turn left towards the school building. The boy was unable to steer or stop the snow tube and struck the wall of the school. The boy sustained serious and permanent injuries, including a liver laceration, and a severely damaged kidney resulting in a right nephrectomy. The boy has only one remaining kidney, and is permanently scarred and disfigured.
The boy and his parents brought a product liability action alleging the boy’s injuries resulted from the inadequate design, testing, safety devices and warnings for the snow tube, a product that was unstable for foreseeable uses, incapable of being effectively steered, and prone to reaching an excessively high rate of speed.