Unreasonably Dangerous Advertisement?

  1. Wing walking lessons! W.W.I Sopwith camel for rent. Skydive, skywalk, skywrite in this one-of-a-kind airplane.

Up to this point I don’t see anything that I would consider unreasonably dangerous. Common knowledge is that there are inherent risks with this type of activity.

  1. Pilot will view a flight video before taking off. All ages welcome! 

The merchant is allowing the customer to fly the plane with minimal training; while allowing all ages to participate. I would argue that the defect here is in the warning. It must be made clear that anyone wishing to fly the plane must be a qualified pilot and experienced in flying this type of aircraft.

I would also argue that the “design” defect is in the manner in which the offering was designed. The offering was designed with unreasonable risks to the offeree.

  1. Price $500.00 per 1 hour flight! Disclaimer: Owner not responsible for any injury or death that may occur. Plane to be used for novelty purposes only. Void in Nebraska.

The only part of the disclaimer that holds is the “void in Nebraska” statement. The disclaimer and item #2 are in conflict. Allowing customers with no flying experience and any age to participate will surely result in deaths.

My opinion is that this is unreasonably dangerous.