Legal Question in Product Liability in California
failed snowboard binding
my brother broke his ankle in April '06. He was snowboarding at Big Bear and fell. As he fell, one of the bindings on his snowboard (what is supposed to keep his foot attached) broke. This caused the snowboard to twist around his other ankle, giving him a bad break (still not healed) and requiring surgery. He was uninsured and now faces large medical bills. I'd like to know if he has any legal recourse against the binding company.
Recently a binding company was deemed not liable for a woman's death (he bindings would NOT release so she suffocated in the snow), so it seems like the courts have established that the bindings are legally supposed to stay on the board. If you could email me a reply, I'd appreciate it (I am in connecticut but can forward your response to my brother). Thanks!!
3 Answers from Attorneys
Re: failed snowboard binding
A viable product liability case exists if the binding failed to function as safely as expected when used as intended. The binding needs to be inspected by an expert to determine the cause of the failure. We know the experts, and handle product liability cases.
Re: failed snowboard binding
Your brother may have a product liablity action against the manufacturer, distributor and retail store that sold the faulty binding, if it is proven to be either a faulty design or negligently manufactured. Most ski resorts make you sign a release when you buy a season pass, but a day pass may not have a waiver of the right to sue the resort.
Please contact me if you would like assistance in determing the options available for a lawsuit.
Re: failed snowboard binding
It sounds quite possible that your brother may have a case against all the parties that Ms. Barron set forth in her response. However, product liability cases are usually carefully explored by potential representation because these cases are difficult and expensive to prosecute. A biomechanical expert can cost $20,000.00 plus after his/her analysis, depositions, testimony at trial, etc. Then you will need an orthopedist as an expert, plus other experts, if any. One must consider whether or not the potential benefits outweigh the risks. For me to make a determination, I will need more facts. Please have your brother feel free to contact my office to discuss this matter further at, 818.385.0520.
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