O'Brien v. Muskin Corp.
New Jersey Supreme Court
463 A.2d 298 (N.J. 1983)
Gary O’Brien (plaintiff) dove into a shallow, above ground pool manufactured by Muskin (defendant) and hit his head on the bottom, sustaining injuries. O’Brien brought suit on a theory of strict products liability, claiming that the pool was defectively designed because the bottom was slippery and the pool’s warning about diving was inadequate. The trial court instructed the jury on strict liability, but took from the jury the question of whether manufacturing a pool with a slippery vinyl liner constituted a design defect. The jury found in favor of Muskin. The appellate court reversed. The Supreme Court of New Jersey granted certification.
Rule of Law
Holding and Reasoning (Pollock, J.)
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