Did you hear about the Pennsylvania man who was awarded $1.5 million because his goggles fogged up while water skiing? He hit a log and was seriously injured.
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 who have ever worn goggles while snow skiing or swimming know is that most 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 with built- in fans can guarantee not to fog up because ventilation is needed in order to remove the heat and humidity from the goggles.
It will be interesting to see what impact this settlement has on the goggle industry and the cost of Product Liability Insurance for goggle manufactures and distributors. Will goggle manufacturers be compelled to change the wording on their goggles and packaging from anti-fog to fog resistant? This settlement may provide a precedent for plaintiff attorneys to sue when a water or snow skier is injured and claims that the goggles were responsible because the fogging reduced visibility. 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 costs so much, just share this blog post and know that this story is not the exception but the norm in the U.S.
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