Belling v. Haugh's Pools, Ltd.
Appellate Division of the Supreme Court of New York
126 A.D.2d 958 (1987)
Relevant factsFree
Daniel Belling (plaintiff) was injured diving into a four-foot-deep pool manufactured by Haugh's Pools (defendant); Belling was already familiar with four-foot-deep pools generally and with this specific pool. The pool's owner's manual warned against diving, and Haugh's had provided additional warning decals for the pool. Belling sued, claiming Haugh's failed to adequately warn of the diving danger. Haugh's moved for summary judgment, which the trial court denied. Haugh's appealed.
IssueFree
Whether a plaintiff must prove that a manufacturer's failure to warn adequately was a proximate cause of the plaintiff's injury to hold the manufacturer liable for failure to warn.