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Torts Keyed to Epstein
O’Brien v. Muskin Corp
Facts
Plaintiff arrived uninvited at the home of Arthur and Jean Henry and dove into their above ground pool made by Defendant. As Plaintiff’s hands hit the vinyl lined pool bottom, they slid apart and Plaintiff sustained injuries when his head hit the bottom. The water in the pool was filled to a depth of approximately three and one-half feet and a warning decal saying Do Not Dive appeared beneath the manufacturer’s logo in letters approximately one-half inch high. Plaintiff claimed that Defendant was strictly liable for manufacturing and marketing a defectively designed pool, specifically because of the slippery quality of the lining and inadequate warnings. The trial court limited the jury’s consideration to the adequacy of the warning.
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