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Keywords

lawsuitplaintiffnegligenceliabilityappealtrialsummary judgmentproduct liability
plaintiffdamagesnegligenceliabilityappealtrialsummary judgmentproduct liability

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Mohr v. St. Paul Fire & Marine Ins. Co., 269 Wis.2d 302, 2004 WI App 5, 674 N.W.2d 576, 184 Ed. Law Rep. 981

Facts

Michael Mohr, a high school swimmer, was injured while practicing a racing start from an 18-inch starting platform at the shallow end of his school's swimming pool, which was only 3.5 feet deep. The platforms were manufactured by KDI Paragon, Inc., and were purchased in 1991. Mohr had used the platforms multiple times before the accident, which occurred during a supervised practice. He struck his head on the pool bottom while diving, leading to his lawsuit against KDI and the Wisconsin Interscholastic Athletic Association (WIAA) for negligence and strict product liability.

Michael Mohr was injured while practicing a racing start from a starting platform at the shallow end of his high school's swimming pool. He appeals the summary judgment in favor of the manufacturer of the platform, KDI Paragon, Inc., and the Wisconsin Interscholastic Athletic Association (WIAA).

Issue

Did the trial court err in granting summary judgment in favor of KDI and the WIAA on the grounds of negligence and strict product liability?

Did the trial court err in granting summary judgment in favor of KDI and the WIAA on the grounds of negligence and strict product liability?

Rule

To prevail on a claim of strict product liability, a plaintiff must prove that the product was defective when it left the seller's control, that it was unreasonably dangerous, that the defect caused the plaintiff's injuries, and that the seller was engaged in the business of selling such products. Additionally, a manufacturer has a duty to warn users of known dangers associated with the product, and this duty may be influenced by the user's knowledge of the product's risks.

To prevail on a claim of strict product liability, a plaintiff must prove all the following elements: (1) that the product was in defective condition when it left the possession or control of the seller; (2) that it was unreasonably dangerous to the user or consumer; (3) that the defect was a cause of the plaintiff's injuries or damages; (4) that the seller engaged in the business of selling such product or, put negatively, that this is not an isolated or infrequent transaction not related to the principal business of the seller; and (5) that the product was one which the seller expected to and did reach the user or consumer without substantial change in the condition it was when he or she sold it.

Analysis

The court found that there were genuine issues of material fact regarding whether KDI had a duty to warn the high school about the dangers of using the platforms in shallow water. The evidence suggested that the high school staff may not have been fully aware of the risks associated with the platform's use in less than five feet of water. Furthermore, the court noted that the open and obvious danger doctrine could not be applied as a blanket defense, as it required a factual determination of whether the danger was indeed obvious to the user.

Mohr contends the trial court erred in granting summary judgment to KDI because there were disputed issues of fact concerning whether KDI exercised reasonable care in not warning the high school that a minimum of five feet of water was needed in order to safely use the platform. In support of his position, Mohr submitted opinion evidence that it is unreasonably dangerous to perform any competitive racing start from a platform of any height in water less than five feet deep.

Conclusion

The Court of Appeals reversed the trial court's summary judgment in favor of KDI and the WIAA, concluding that there were disputed issues of fact that warranted a trial.

We therefore reverse and remand for a trial on these claims.

Who won?

The Court of Appeals ruled in favor of Michael Mohr, the student who was injured, by reversing the summary judgment granted to KDI and the WIAA. The court determined that there were genuine issues of material fact regarding the negligence and strict product liability claims against KDI, as well as the negligence claim against the WIAA. This ruling allows Mohr to present his case to a jury, emphasizing the importance of evaluating the facts surrounding the duty to warn and the knowledge of the parties involved.

The Court of Appeals ruled in favor of Michael Mohr, the student who was injured, by reversing the summary judgment granted to KDI and the WIAA.

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