Question

With his parents' permission, David, a ten-year-old, purchased a plastic snow sled from Kmart. He went sledding, lost control, hit a tree, and was injured. David's parents filed a negligence lawsuit in a state court against Kmart, alleging that the store should not have sold this type of sled because it was difficult to steer and had no brakes, making it unreasonably dangerous. Kmart contended that sledding is an inherently dangerous activity and that David assumed the risks involved when he went sledding. The court probably found that Kmart was:

Answer 1

Answer:

The Kmart was held by the court not liable because David assumed the risks of sledding.

Explanation:

Negligent actions are those actions that come under the rubric of tort actions. To prove negligent actions against a person or a company, the plaintiff is required to prove four things in court– duty, breach, causation, and damages.

In the given case, the court will not be held Kmart liable because David (the consumer) was aware of the risks involved in the sledding. Therefore, the case of negligent actions is not applicable for Kmart.