A products liability case has been reignited as the Court of Appeals reverses a previous summary judgment in favor of several major sporting goods companies. On December 4, 2025, Charles Aker filed an appeal in the Wisconsin Court of Appeals against Good Sportsman Marketing, LLC, Dick’s Sporting Goods, Inc., and Premier Outdoor Equipment, LLC. The court reversed the circuit court’s decision and remanded the case for further proceedings.
The lawsuit centers around a safety harness system designed to prevent injuries from falls out of tree stands during hunting. Aker alleges that despite using such a system, he fell and sustained serious injuries due to inadequate warnings about its proper use. He argues that the defendants are liable for his injuries because they failed to provide adequate warnings on the harness system, which led to his misuse of it. Specifically, Aker contends that he used a carabiner to connect parts of the harness system—a practice not recommended by the product instructions—and that this foreseeable misuse should have been anticipated by the manufacturers with appropriate warnings.
The facts reveal that Aker is an experienced hunter who had used various harness systems over decades without incident. However, on the day of his injury, he used a carabiner to connect his harness to a loop on the tree strap that was not intended for weight-bearing purposes. This loop was meant only as a release mechanism for adjusting the strap’s buckle. Aker claims that if there had been explicit warnings against using a carabiner in this manner directly on the loop itself, his accident could have been prevented.
The defendants argue that Aker’s negligence in failing to follow clear instructions was primarily responsible for his injuries. They maintain that their product included sufficient instructions and warnings and that it was unreasonable to foresee users ignoring these guidelines. However, expert testimony presented by Aker suggested otherwise; Robert Sugarman testified that it was foreseeable some users might apply their knowledge from other carabiner-based systems incorrectly due to similarities in design.
In seeking relief from the court, Aker aims for recognition of product liability under both strict liability and negligence claims. He seeks damages for his injuries and hopes for changes in product labeling practices to prevent similar incidents.
The case is now set for further proceedings after being remanded by Judges Graham P.J., Blanchard J., and Kloppenburg J., with representation from attorneys whose names were not disclosed in this document. The case ID is 2024AP1711.
Source: 2024AP1711_Aker_v_Good_Sportsman_Marketing_LLC_Opinion_Wisconsin_Court_of_Appeals.pdf