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Products Liability Keyed Owen, 8th Ed.
Nissen Trampoline Co. v. Terre Haute First National Bank
Citation:
332 N.E.2d 820 (1975)Facts
Nissen Trampoline Company manufactured a product called “Aqua Diver,” a circular trampoline with a metal frame 36 inches in diameter and a bed approximately 16 inches in diameter. The bed attached to the frame by elastic cables, and the entire structure included a platform 22 inches above the bed, accessible by ladder. The product was designed and marketed as a diving apparatus for swimming pools and lakes. Before marketing the product, Nissen conducted tests that revealed it was possible for a user’s foot to pass through the elastic cables connecting the bed to the frame, but Nissen marketed the product without any warnings or instructions. On June 28, 1970, thirteen-year-old Bruno Garzolini, Jr. attempted to use the Aqua Diver for the first time at Southlake Beach. He landed with only one foot on the trampoline bed while the other foot passed through the space between the bed and frame, becoming entangled in the elastic cables. As a result, he fell and was suspended by his trapped leg, suffering injuries that ultimately required amputation above the knee.
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