Klen v. Asahi Pool, Inc.
Illinois Appellate Court
643 N.E.2d 1360 (1994)
- Written by Kate Luck, JD
Facts
Fourteen-year-old Francis Klen (plaintiff) became quadriplegic after diving from a trampoline into a shallow, aboveground swimming pool. Klen had taken seven years of diving lessons, knew how to dive in deep and shallow water, and knew what situations called for shallow dives. Klen brought a products-liability suit against Asahi Pool, Inc. (Asahi) (defendant), the manufacturer of the swimming pool, as well as the manufacturer of the swimming pool liner and the manufacturer of the trampoline (collectively, the manufacturers) (defendants). Klen argued that the manufacturers were liable for failing to warn of the risk of quadriplegia presented by the foreseeable use of their products. The manufacturers moved for summary judgment, and the trial court granted the motion with respect to the manufacturers of the trampoline and pool liner. With respect to Asahi, the trial court determined that whether the risk of quadriplegia was open and obvious to a 14-year-old was a question for the jury. Asahi appealed, arguing that the trial court erred by applying a subjective standard.
Rule of Law
Issue
Holding and Reasoning (Gordon, J.)
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