Bret Auguste, a 36 yr old computer engineer, was an experienced skier. Sick of being isolated by COVID, he planned a ski trip to Hunter Mountain Ski Bowl in New York. He purchased new skis for the trip from REI. The skis were manufactured by Nuclear Sports Inc.

Auguste enjoyed several days on the slopes with friends. On the third day, when Auguste entered an extremely difficult trail, he noticed immediately that the surface consisted of a great deal of ice mixed with the snow. Confident in his abilities, he continued down the trail. At one point, he had to make a sharp right turn to avoid an ice patch, but in the attempt, his left ski snapped off. Auguste lost his balance, fell, and slid down the mountain, striking his face and head against a fence along the trail.

He was air lifted to the hospital, and underwent surgery for a broken collarbone. He also suffered from swelling in the brain which damaged the optic nerve, resulting in permanent double vision. He also had to undergo painful cosmetic skin grafts to restore damage to his face from the injury. He was dismissed from the hospital after two weeks, then spent 2 months in a rehabilitation facility. However, he was unable to adjust to the double vision and so now cannot work and is supported by his wife.

Evidence shows the bindings of the Nuclear Sports' skis sometimes cracked during use, causing the bindings to release unexpectedly. The skis purchased by Auguste had such cracks in the bindings. Evidence also shows that Nuclear Sports considered recalling several of its ski brands in the prior year due to this issue, but instead calculated that the cost of potential, estimated litigation would be less than the cost, including loss of goodwill and reputation, of the recall. The brochure that came with the skis contained a statement that "Skiers should exercise extreme caution when skiing in icy conditions."

Auguste would like to bring a lawsuit for damages. Who can he sue and for what claims? What damages may be awarded if he wins? How will the defendant(s) respond?