Lorenzo Peterson was swimming in a swimming pool with a friend at an apartment complex. Lorenzo watched

Question:

Lorenzo Peterson was swimming in a swimming pool with a friend at an apartment complex. Lorenzo watched his friend swim to the bottom of the pool, slide an unattached drain cover away, and then slide it back. Lorenzo thought his friend had hidden something inside the drain, so he swam to the bottom of the pool. Lorenzo slid the drain cover aside and stuck his arm inside the drain. The 300 to 400 pounds of pull of the drain pump held Lorenzo trapped underwater. At least seven people tried to free Lorenzo to no avail. When the police arrived, they broke down the door to the pool equipment room and turned off the drain pump. Lorenzo was trapped underwater for 12 minutes, which left him irreversibly brain damaged. Evidence at trial showed that Sta-Rite’s drain covers are designed to screw down, but often a drain cover becomes loose. Further evidence showed that there had been more than 20 prior suction-entrapment accidents involving Sta-Rite’s drain covers and pumps. Evidence showed that others had designed a pool drain pump with a mechanism that would automatically shut off a pool drain pump when it detected that it was pulling more than it should. Sta-Rite did not install such safety features on its drain pumps, however. Lorenzo, through his relatives, sued Sta-Rite Industries, Inc., the manufacturer of the drain, under the doctrine of strict liability to recover damages for Lorenzo’s injuries. The plaintiff alleged that the underwater pool drain was defectively designed because it did not contain a shut-off mechanism. Is there a design defect? Sta-Rite Industries, Inc. v. Peterson, 837 So.2d 988, Web 2003 Fla. App. Lexis 1673 (Court of Appeal of Florida, 2003)

Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For  book-img-for-question
Question Posted: