Reference no: EM132266500

It is a hot summer afternoon so Rob takes his brand new Rocketski (a personal watercraft similar to a Jet Ski) out to a local park at a reservoir to try it out. The Rocketski has a built-in CD stereo sound system, with speakers, but also with a headphone jack. The owner's manual contains a warning that the headphones should only be used in light traffic areas and with extreme caution. Rob takes the Rocketski out on the water and puts the headphones on with his new CD, the greatest hits of the Black Eyed Peas. He takes the machine out to the open area of the reservoir and tries it out. He's never done this before, is having lots of fun, and then wants to show his friends back on shore how fast the Rocketski can go. He comes close to shore at full speed where there are many swimmers and sailboarders in the water. Several swimmers are yelling at him to stop, but he doesn't hear anyone because he's listening to his favorite song, "My Humps," at full volume on the headphones. He is rapidly approaching Sally on her sailboard, but doesn't see her because he's looking for his friends on shore. He would have missed Sally (just barely), but just as he got near her the engine on the Rocketski suddenly failed, causing the machine to lurch to the left and into Sally and her sailboard. Sally suffers severe injuries and sues Rocketski, Inc.

Discuss the likely basis of the suit, claims raised, possible defenses, and likely outcome, assuming that the engine defect occurred in the manufacture of the Rocketski.