122
C
ASE: 16
BACKGROUND
· The Plainti , Kathleen M. Sollami, a 15-year-old girl, went to her friend's house to play on the
friend's trampoline while the friend's parents were not home.
· Sollami su ered a bad knee injury while playing a game called "rocket jumps" in which one
jumper is propelled higher than the other jumpers.
· Among the claims in their lawsuit, Sollami's parents brought a product liability claim against the
manufacturer arguing that the manufacturer failed to warn the consumers of the danger in using
the trampoline and that the trampoline was an unreasonably dangerous product to the average
consumer.
· The manufacturer defended that any danger posed by the product to the teenagers was open
and obvious and, as such, there was no duty to warn of the product's danger.
BEFORE YOU BEGIN
You Be the Judge!
You Be the Judge!
Sollami v. Eaton
Manufacturer's Duty to Warn in Product Liability Action
What is Product Liability?
A product liability lawsuit is a type of
civil action brought by a Plainti against
manufacturers, distributors, suppliers,
retailers, (and/or others who make products
available to the public) in an e ort to hold
them responsible for injuries caused by such
products.
What is an unreasonably dangerous
product?
A product may be found "unreasonably
dangerous" due to a physical aw, a design
defect, or where a manufacturer either
fails to adequately warn of the product's
dangerousness or fails to instruct on the
proper use of the product. If the product is
an unreasonably dangerous one, and the
condition existed at the time the product
left the manufacturer's control, then the
manufacturer may be liable for personal
injuries to the users.
What is the duty to warn?
A manufacturer has a duty to warn the
average consumer of any dangers associated
with the use of the product.
What is the "Open and Obvious"
Defense?
A manufacturer may defend a case by using
the "open and obvious" defense, arguing
that there is no duty to warn consumers of
dangers associated with the product which
are apparent or in other words, "open and
obvious."
For Evaluation Purposes Only