Ford v. Polaris Industries, Inc.

Opinion

REARDON, J.

Susan Ford sustained severe orifice injuries after falling off the rear of a two-seater Polaris personal watercraft. The jet-powered nozzle propelled a high-pressure stream of water that tore apart her internal organs. Today she uses a colostomy bag, she urinates through a catheter, and her lower right torso and leg are numb from nerve damage. Susan and her husband sued the manufacturer and distributor of the watercraft on a strict products liability theory.

This appeal frames the question whether the doctrine of primary assumption of risk applies to the manufacturer of the…