IS IT SAFE?
Matt, a 13 year old, purchased a device designed to improve one’s golf swing. It came with the statement, “Completely Safe—Ball Will Not Hit Player.” However, when Matt used it, a golf ball hit him in the head and he suffered permanent brain damage. His parents sued the manufacturer, who argued that the statement on the box was not meant as a guaranty of absolute safety. It claimed that there are risks inherent to playing golf, and Matt assumed those risks in using the device.
Did the court rule FOR or AGAINST Matt?
The court ruled FOR Matt. The language provided reasonable assurance that no injury could occur, which Matt had a right to rely on. Matt had read the safety statements and believed himself to be in no danger in using the device. The statements did not adequately warn consumers about the inherent dangers involved in golfing, or in using the device.
