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? Explain your answer.

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? Explain your answer.

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