Answer using IRAC method

It is a hot summer afternoon, so Rob takes his brand new Rocketski (a personal watercraft

similar to a Jet Ski) out to a local park at a reservoir to try it out. The Rocketski has a

built-in CD stereo sound system, with speakers, but also with a headphone jack. The

owner's manual contains a warning that the headphones should only be used in light

traffic areas and with extreme caution. Rob takes the Rocketski out on the water and puts

the headphones on with his new CD, the greatest hits of the Black-Eyed Peas. He takes

the machine out to the open area of the reservoir and tries it out. He has never done this

before, is having lots of fun, and then wants to show his friends back on shore how fast

the Rocketski can go. He comes close to shore at full speed where there are many

swimmers and sailboarders in the water. Several swimmers are yelling at him to stop, but

he does not hear anyone because he is listening to his favorite song, "My Humps," at full

volume on the headphones. He is rapidly approaching Sally on her sailboard but does not

see her because he is looking for his friends on shore. He would have missed Sally (just

barely), but just as he got near her the engine on the Rocketski suddenly failed, causing

the machine to lurch to the left and into Sally and her sailboard. Sally suffers severe

injuries and sues Rocketski, Inc.

Discuss the likely basis of the suit, claims raised, possible defenses, and likely outcome,

assuming that the engine defect occurred in the manufacture of the Rocketski.