Only In America – $1,500,000 Settlement For Foggy Goggles

I recently read an article in “Gym To The Jury” about a man in Pennsylvania that was awarded $1,500,000 because his goggles fogged while water skiing and he hit a log.

Okay, on the surface this seems reasonable, but what I find extraordinary is the man was not injured while wearing the goggles. He was injured after taking the goggles off.  Apparently, with the goggles in perfect condition the man would have seen the log, but with just the naked it eye he could not see the log.

Another interesting fact that most people know that have ever worn goggles while snow skiing or swimming is - most of the anti-fog goggles on the market will fog if you over exert yourself and begin to sweat.  Heat naturally escapes through the head.  In my opinion, only goggles that have built in fans can be guaranteed to be anti-fog because as heat and humidity build up you need to ventilate in order to remove the heat and humidity from the goggles.

It will be interesting to see what impact this settlement has on goggle industry and the cost of product liability for goggle manufactures and distributors. Will goggle manufacturers be compelled to change the wording on their goggles and packaging from anti-fog to fog resistance? This settlement may provide a precedent for plaintiff attornies to sue when there is an injury on the ski slopes or while water skiing by claiming that the goggles were responsible because they fogged and reduced visability. If this happens the manufacturers and distributors of goggles can expect a huge increase in their product liability insurance premiums.

The next time someone asks why product liability insurance cost so much, just show them this blog article and know that this story is not the exception but the norm in the U.S.