Business Law 11th Edition by Kenneth Clarkson,Roger LeRoy Miller,Gaylord Jentz,Frank Cross

Exercise 10

Crosswhite v. Jumpking, Inc.
United States District Court, District of Oregon, 2006. 411 F.Supp.2d 1228.
AIKEN, J. [Judge]
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On May 11, 2002, plaintiff, Gary Crosswhite, was jumping on a trampoline with another boy. The trampoline was owned by Jack and Misty Urbach * * *. The 14-foot round-shaped "backyard" trampoline was manufactured by defendant * * * , Jumpking [Inc.], and purchased by the Urbachs from Costco, Inc. sometime in 1999.
While on the trampoline, plaintiff attempted to execute a back-flip and accidentally landed on his head and neck. The force of the fall caused a fracture in plaintiff's cervical spine resulting in paraplegia. Plaintiff was sixteen years old at the time of his injury. Plaintiff alleges that his injuries were caused by * * * inadequate warnings and instructions [among other things]. Plaintiff brings this lawsuit [in a federal district court] against Jumpking alleging * * * strict liability [and other product liability claims].* * *
Plaintiff, represented by counsel, filed this lawsuit on September 1, 2004. Over one year later, on November 10, 2005, defendant filed the summary judgment motion at bar.* * *
* * * *
* * * A product is not in a defective condition when it is safe for normal handling.* * * If the injury results from abnormal handling * * * the seller is not liable. Where, however, the seller has reason to anticipate that danger may result from a particular use, * * * the seller may be required to give adequate warning of the danger * * * and a product sold without such warning is in a defective condition. [Emphasis added.]
* * * [T]o prevent the product from being unreasonably dangerous, the seller may be required to give directions or warning, on the container, as to its use. However, where warning is given, the seller may reasonably assume that it will be read and heeded; and a product bearing such a warning is not in a defective condition, nor is it unreasonably dangerous.
Defendant's trampoline is manufactured with nine warning labels that are affixed to various trampoline components. In addition to these nine warning labels, defendant also provides a large laminated warning placard that is designed to be attached by the consumer to the metal frame near the ladder upon which jumpers mount the trampoline. Defendant further provides consumers with a detailed User Manual and a videotape that instructs both users and supervisors about safe and responsible trampoline use.* * *
Uniform trampoline safety standards are published by the American Society for Testing and Materials (ASTM). The ASTM standard sets forth specific warning language to accompany trampolines. The record supports defendant's allegation that the trampoline at issue, including the warning that accompanied it, complied with all ASTM standards relevant at the time. Moreover, the ASTM standards at that time did not require warnings against users performing somersaults (flips) and/or jumping with multiple people to appear on the trampoline itself, however, defendant did affix those warnings to the trampoline as well as on a large warning placard attached to the trampoline at the point of entry or mounting. Specifically, one warning attached to the trampoline frame leg stated:
! WARNING
Do not land on head or neck.
Paralysis or death can result, even if you
land in the middle of the trampoline mat (bed).
To reduce the chance of landing on your head or neck, do not do flips.
Accompanying these warning labels is a "stick-figure" drawing of an individual landing on his head. The drawing is located above the warning language and is enclosed in a circular "x-ed" or "crossed-out" notation, commonly understood to mean that the conduct described should be avoided.
Another pair of warning labels affixed to the trampoline legs read:
! WARNING
Only one person at a time on the trampoline. Multiple jumpers
increase the chances of loss of control, collision, and falling off.
This can result in broken head, neck, back or leg.
Accompanying these warnings and placed above the warning language is a drawing of two individuals jumping on a single trampoline, which is also enclosed in a "crossed-out" or "x-ed" notation. These same warning labels warning users against performing flips or somersaults and against jumping with multiple people were also on the trampoline frame pad, the large 8"× 11" warning placard framed by the colors orange and yellow and attached to the trampoline frame at the point of entry, and in various places throughout the User Manual. The court notes that these warnings went beyond what was required by the ASTM safety standards.
Further, Jack Urbach testified that the warning placard, which specifically warns against both multiple jumping and performing flips or somersaults and the risk of paralysis, was included in the trampoline he purchased, and that he attached the placard to the trampoline upon its initial assembly. Urbach further testified that he had his entire family watch the safety video provided by defendant prior to assembling and using the trampoline.
* * * [D]efendant is entitled to assume that its many warnings will be read, watched and heeded. The fact that plaintiff may not have seen the many warnings defendant provided prior to his accident does not create a material issue of fact as to whether the warnings rendered the trampoline defective and unreasonably dangerous. Defendant's summary judgment motion is granted as to plaintiff's claim that the trampoline's warnings were inadequate. I find that defendant's warnings were adequate as a matter of law. [Emphasis added.]
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IT IS SO ORDERED.
1. If Crosswhite had proved that he had not seen, before his accident, the warnings that Jumpking provided, would the court have considered the trampoline defective or unreasonably dangerous Why or why not
2. Is the danger from jumping on a trampoline so obvious that even if Jumpking's product had lacked warnings, the manufacturer should not be held liable for a user's injuries Explain.