Product Liability and Personal Injury
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This case was not handled by the Karns & Kerrison but a similar result was reached in Rhode Island.
A child rendered quadriplegic after diving into an above ground pool could recover damages from the manufacturer of the vinyl liner.
The plaintiff was an 11-year-old girl who suffered a neck injury and paralysis when she dove into the four-foot deep pool. The owner of the pool had replaced the liner with one made by the manufacturer.
The manufacturer's liner package included warning labels that said - "caution - no diving - shallow water."
There was conflicting evidence if the warnings were on the pool.
The court said the danger was not open and obvious and there should have been warnings, California Court of Appeal.
A similar result was reached in Rhode Island recently when a US District Court Magistrate ruled that a minor is not barred by assumption of the risk, so that warnings on the pool did not apply to the minor.