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Recreational Products

Recreational products that can lead to injury if defective include athletic equipment, toys and games, recreational vehicles, amusement rides and attractions, bicycles and their accessories, swimming pools and accessories, and a host of other products with recreational purposes. Products liability law applies to all of these products.

Makers of recreational products have a duty to warn potential users about the possible dangers of their products. That duty does not usually apply to dangers that are obvious or known. For instance, a trampoline manufacturer may have no duty to warn consumers of the possibility of getting hurt while performing dangerous stunts on the trampoline, and courts have held in some cases that a swimming pool manufacturer has no duty to warn of the dangers of diving into shallow water. Sellers and reconditioners of hazardous products, too, may be held liable for failing to warn because, like manufacturers, they are in a better position than consumers to understand the dangers arising out of product defects.

Because many products liability cases involving recreational products arise out of injuries caused not by defectively designed or manufactured products but by products that are potentially hazardous if misused, plaintiffs often base their claims on a failure-to-warn theory. If the product was misused, the manufacturer may still be liable if the misuse was one the manufacturer should have anticipated. Whether the case is based on a claim that the product is defective or that the manufacturer breached its duty to warn, the plaintiff cannot recover unless he or she can prove that the defect or failure to warn actually caused the injury.

Motorized recreational vehicles, such as all-terrain vehicles, dune buggies, golf carts, mini-bikes and mopeds, motor homes and campers, snowmobiles, personal watercraft, and others, present most of the same issues that other recreational products do, as well as many of those presented by other defective motor vehicles. As in all products liability cases, a variety of defenses are available to the manufacturer, such as arguing that the alleged defect was not the proximate cause of the injury, the plaintiff was contributorily or comparatively negligent, the plaintiff assumed the risk, the plaintiff misused the product, the plaintiff altered or modified the product, or the defendant complied with all applicable industry and safety standards. Some other defenses, however, are specific to the recreational-vehicle context, such as that the operator was carrying a passenger on a vehicle intended for only one person. The plaintiff may counter this argument by asserting that the design of the vehicle gives the appearance that passengers are allowed, even when warning decals declare otherwise.

Advertisements of recreational vehicles can create warranties about the quality of the product and can be admitted as evidence of normal use. A defendant would have a hard time arguing, for example, that it could not anticipate its snowmobiles being used to jump embankments when its television commercials for the product depict just such an activity. And an advertisement declaring and demonstrating a golf cart's stability when turning tight corners represents that the product is capable of performing in a similar manner for the average user. In either case, admission of the advertisements into evidence will help support a plaintiff's claims against the manufacturer.

Products liability lawsuits involving recreational products serve not only the need to compensate victims of accidents involving defective products, but can also serve as a watchdog over manufacturers to ensure product safety. One lawsuit involving several all-terrain vehicle manufacturers as defendants actually resulted in an agreement by those manufacturers to stop selling the higher-risk three-wheeled models, which had been involved in many accidents. Of course, if a plaintiff's claims are unfounded, a products liability lawyer can help a manufacturer or seller defend against the accusations and attempt to avoid lengthy litigation.

Product Liability Puzzler

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Product Liability Puzzler

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