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Pavlides v. Galveston Yacht Basin

727 F.2d 330 (1984)

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Pavlides v. Galveston Yacht Basin

United States Court of Appeals for the Fifth Circuit
727 F.2d 330 (1984)

Facts

Sam Pavlides and four friends were fishing in Pavlides’s Robalo 236 (R-236) motorboat when the bilge drain plug slipped out, causing the boat to take on water and quickly capsize. Pavlides and three of his friends were killed in the boating accident. AMF Slickcraft Boat Division, Inc. (AMF Slickcraft) (defendant) marketed the R-236 to the general public, and the owner’s manual and sales pamphlet did not mention the boat had a void bilge and bilge drain, or the hazards of bilge flooding. In addition, the R-236 did not have a flood-warning device or an automatic bilge pump, and it was not self-bailing like other Robalos. Pavlides’s estate (plaintiff) sued AMF Slickcraft, alleging it was strictly liable for defects in design, manufacture, or marketing. The trial court held that AMF Slickcraft was not strictly liable because AMF Slickcraft could assume that Pavlides knew how to operate his R-236 and that AMF Slickcraft only had a duty to warn experts. Pavlides’s estate appealed.

Rule of Law

Issue

Holding and Reasoning (Gee, J.)

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