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Products Liability Keyed Owen, 8th Ed.
Hauter v. Zogarts
Citation:
14 Cal.3d 104, 534 P.2d 377, 120 Cal.Rptr. 681 (1975)Facts
The “Golfing Gizmo” was a golf training device consisting of two metal pegs, an elastic cord looped over them, a cotton cord attached to the elastic cord, and a regulation golf ball attached to the end of the cotton cord. The product’s packaging and instructions claimed it was “COMPLETELY SAFE BALL WILL NOT HIT PLAYER” and urged users to “drive the ball with full power.” Fred Hauter, a 13-year-old beginner golfer, received the Gizmo as a Christmas gift from his mother in 1966. On July 14, 1967, while using the device as instructed, Fred took a normal swing with a seven-iron. He hit underneath the ball, causing his club to become entangled in the cord. This created a “bolo” effect, causing the ball to loop over his club and strike him in the left temple. Fred suffered brain damage and, according to medical testimony, became epileptic as a result. Expert witnesses testified that the Gizmo was a “major hazard,” particularly for beginning golfers who rarely hit the ball solidly.
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