Sticker Shock

Obvious risks are not always so obvious, a California court rules.

Photo of warning stickersPhoto of warning stickersIs diving headfirst into a shallow pool an open and obvious danger to an 11-year-old child, or do pool manufacturers have a duty to warn of such dangers? If manufacturers do have such a duty, does the manufacturer discharge its duty by placing warning labels in the pool liner package along with the instructions for the customer to affix them to the sides of the installed liner, or is the manufacturer required to affix them? These were just two of the questions the California Court of Appeal was recently asked to answer in Bunch v. Hoffinger Industries and McMasker Enterprises [2004 Cal. App. LEXIS 1869]. While the case, which started all the way back in 1993, involved a residential pool, it has applicability to manufacturers of commercial pools and sporting goods, as well.

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