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· 6/25/1990

prod.liab.rep.(cch)p 12,543 Ashley Elliott v. Brunswick Corporation, Appeal of Mercury Marine, a Division of Brunswick Corporation

Citations

  • 903 F.2d 1505
  • 1990 U.S. App. LEXIS 10080
  • 1990 WL 75085

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • liability requires more than just showing that \the use of [a] product involves some risk\
  • “We do not mean to suggest, by our holding today, that the propeller industry may never design a feasible propeller guard….”
  • where plaintiff injured when she jumped into water next to pleasure boat, boat’s unguarded propeller not dangerous beyond expectation of ordinary consumer because “consumer clearly understands that a revolving propeller involves danger”
  • evidence of “an experimental propeller guard, useful for some purposes” is not a basis for liability for “failure to adapt and refine that design into one feasible for use on planing propeller craft”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cox, Hill, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.