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Vincer v. Esther Williams All-Aluminum Swimming Pool Co.

Supreme Court of Wisconsin
230 N.W.2d 794 (1975)


Facts

Curt Vincer (plaintiff) was two years old. Vincer’s grandparents owned an above-ground swimming pool manufactured by Esther Williams All-Aluminum Swimming Pool Company (Williams) (defendant). The pool was manufactured with a retractable ladder. Vincer’s grandparents had left the retractable ladder down and their pool unattended when Vincer, unsupervised, climbed down the ladder and into the pool, resulting in serious injury. Vincer brought a design-defect suit against Williams, arguing that Williams had improperly failed to take the reasonable precaution of designing the pool with a gate to block off the ladder. The trial court dismissed Vincer’s suit for failure to state a claim upon which relief could be granted. Vincer appealed.

Rule of Law

Issue

Holding and Reasoning (Hansen, J.)

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