Vincer v. Esther Williams All-Aluminum Swimming Pool Co.
Supreme Court of Wisconsin
230 N.W.2d 794 (1975)
Relevant factsFree
Two-year-old Curt Vincer (plaintiff) climbed down the retractable ladder of his grandparents' above-ground pool, manufactured by Esther Williams (defendant), after the ladder was left down and the pool unattended, resulting in serious injury. Vincer sued Williams for design defect, arguing the pool should have included a gate blocking off the ladder; the trial court dismissed for failure to state a claim, and Vincer appealed.
IssueFree
Whether a product is in a defective condition if the condition at the time the product leaves the hands of the seller is not contemplated by an ordinary consumer of the product and is unreasonably dangerous to the consumer.