. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.

ARTICLE ID 195803

$________ – PRODUCTS LIABILITY – FAILURE TO WARN – SPORTS AND RECREATION – 10-YEAR-OLD INFANT PLAINTIFF IN SNOW TUBE TOWED BY ATV DRIVER/FAMILY FRIEND IS EJECTED WHEN TOW LINE SWUNG OUT AND STRUCK TREE – SKULL FRACTURES – TRAUMATIC BRAIN INJURY – BRAIN DAMAGE – SUBDURAL HEMATOMA – INTRAVENTRICULAR HEMORRHAGE – SEVERE COGNITIVE DEFICITS.

Camden County, NJ

This case involved a then 10-year-old female plaintiff who was in a snow tube that was manufactured by one of the defendants who was being towed by an ATV driven by an uninsured family friend, also a defendant, when the 35-40 foot long rope swung out and hit a tree, resulting in the child being catapulted and striking the ground. The plaintiff contended that the snow tube warnings did not adequately warn users not to tow the snow tube with a motorized vehicle, because the warning label and fonts were too small and difficult to read. In addition, the label was sewn into the inside webbing of the snow tube, where it was hidden from view. The plaintiff also contended that the retailer had approved of the warnings. Moreover, the plaintiff maintained that the unit in question was sold as a floor model that was already inflated and as such, the warning label affixed to the device, which the plaintiff maintained was inadequate, was not visible to the purchaser. The plaintiff further named the manufacturer of the ATV, contending that it also should have supplied warnings advising of the hazards. The infant plaintiff’s father and his friend – the ATV operator – each tied one end of the rope to the ATV and the snow tube. The products liability defendants named the father as a third party defendant, and his alleged negligence, and the alleged negligence of the ATV operator would have been on the jury sheet if the case had been tried. The plaintiff also maintained that although the label – which was not seen by the purchaser – contained warnings against towing and the need for a helmet, reviews, and pictures contained on the manufacturer’s and retailer’s websites depicted individuals using snow tubes without wearing helmets. The plaintiff contended that under Koruba vs. American Honda Motor Corp., ________ NJ Super, ________, ________ (App. Div. ________), if a product seller or manufacturer promotes, advertises, or encourages in any manner or fashion a specific use of a product that it simultaneously warns against, these "representations" may very well "counteract" the effectiveness of the original warning, rendering it null and void. The plaintiff further contended that the potential hazard should have been recognized by the ATV manufacturer, and supplied warnings. The ATV manufacturer denied that this position should be accepted. The products liability defendants also maintained that the responsibility for the accident should rest primarily on the operator, and that the jury should consider the alleged negligence of the father who helped attach the snow tube to the ATV. The infant plaintiff suffered several skull fractures, subdural hematoma, and an intraventricular hemorrhage. The infant plaintiff underwent neurosurgery and was also ventilator-dependent for a period. The infant plaintiff was ultimately weaned from the ventilator and contended that although she has improved to some extent, she will permanently suffer extensive cognitive deficits, and that the formerly bright child is a shell of her former self. The plaintiff also contended that because of the residuals of the brain injury, motor deficits will remain permanently. The plaintiff opined that she will permanently need a home attendant to care for her, especially since judgment, memory, and concentration are impaired. It was undisputed that the infant plaintiff will never be able to function in the competitive job market. The plaintiff introduced evidence of a present value, inflation adjusted life care plan of $________. The plaintiff also produced evidence of future income losses that ranged from approximately $________ to approximately $________.The case settled prior to trial for $________, including $________ from the snow tube manufacturer, $________ from the snow tube retailer, and $________ from the ATV manufacturer.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.