Hawaii family sues maker of electric hydrofoil surfboard over youth surf champion’s injury

HONOLULU (HawaiiNewsNow) – In December 2021, a Big Island family filed a lawsuit against WeFoil, the manufacturer of an electronic hydrofoil surfboard, following a severe accident that left a 10-year-old champion surfer permanently disfigured. The lawsuit, led by attorney Jeffrey Foster, asserts that the boy’s thumb was severed when it got caught in the board’s exposed propeller. Despite being airlifted to Pali Momi on Oahu for emergency surgery, doctors were unable to save his thumb.

The accident was captured on camera and occurred on October 24 off the waters of Kailua-Kona. It was the young surfer’s first time using the WeFoil electronic hydrofoil surfboard. According to Foster, the incident happened within seconds of the boy starting to ride the e-foil. The board reportedly malfunctioned, causing the boy to fall and subsequently suffer the grievous injury.

“This injury has fundamentally altered his life,” said Jeffrey Foster. The boy, who had recently triumphed at the NSSA West Coast Regional Championships, had to withdraw from the national competition due to his injury. The impact of the accident extends beyond physical trauma, as the young surfer’s promising career has been abruptly halted.

Foster emphasized that WeFoil’s marketing claims the boards are safe for all users, including children and the elderly. However, the family disputes these claims, citing the severe risk posed by the exposed propeller. Malia Lins Costa, the boy’s mother, underscored the gravity of the situation, noting that if her experienced, junior-professional, sponsored surfer son could suffer such an injury, anyone could.

The lawsuit highlights several critical safety issues with the WeFoil board. Primarily, it argues that the exposed propeller presents a significant risk of injury. Additionally, Foster pointed out the absence of an automatic shutoff mechanism on the board, which would stop the propeller from spinning once the rider falls off. Such a safety feature could have prevented the boy’s injury.

The family’s legal action seeks an immediate recall of the WeFoil board and other similar products. They are also urging the government to implement stringent safety regulations to prevent further accidents. Foster stated, “It’s not just this company; this is an industry-wide issue.” The case aims to bring broader attention to the potential dangers of electronic hydrofoil surfboards and push for industry-wide safety reforms.

Despite multiple attempts by Hawaii News Now to reach WeFoil for comments, the company has not responded to inquiries regarding the lawsuit. The lack of response from WeFoil further highlights the family’s concerns about the safety and accountability of manufacturers of such high-risk recreational equipment.

The lawsuit spearheaded by Jeffrey Foster of Foster Law Offices is not just about seeking compensation for the tragic injury but also about advocating for safer practices within the industry. Foster’s involvement underscores his commitment to holding companies accountable and ensuring that no other child experiences similar harm.

This case serves as a stark reminder of the potential dangers posed by inadequately regulated recreational products and the need for rigorous safety standards. The family’s courage in bringing this issue to light and Jeffrey Foster’s dedication to advocating for their cause might drive essential changes in the industry, protecting future users from similar tragedies.