Yes, the snow tube is defective within the meaning of the law because Intex Recreation Corporation designed the extreme Sno-Tube II without a steering device that would prevent a rider spinning and go down a hill backward. For this reason, the doctrine of strict liability stated that a seller (Intex Corporation) who sold the snow tube to Dan Falkner can be found strictly liable for the defective product that causes injury. Even more, the snow tube was designed to reach speeds of 30 miles per hour which means that Intex Recreation Corporation did not design the product with proper safeguards. Due to the spinal cord injuries Tom Higgins suffered when the Snow tube hit him and threw him into the air; Higgins can sue Intex for punitive damages
