Hennessey v. Coastal Eagle Oil, 129 N.J. 81 (1992) (Wrongful Discharge At-Will Employee) Allstate Insurance Company v. Malec, 104 N.J. 1 (1986) (Insurance Exclusion-Intentional Acts) O'Brien v. Muskin Corporation, 94 N.J. 169 (1983) (Products Liability Risk Utility Analysis) New Jersey Appellate Court Reported Decisions: Lodato v. The safety aspects of the product-the likelihood that it will cause injury, and the probable seriousness of the injury. O'Brien v. Muskin Corp., 94 N.J. 169, 182 (1983). See Feldman v. Lederle Labs., 479 A.2d 374, 385 (N.J. 1984) (noting three types of defects) (citing O'Brien v. Muskin Corp., 463 A.2d 298, 304 (N.J. 1983)). To the extent that the "risk-utility analysis" implicates the reasonableness of the manufacturer's conduct, strict liability law continues to manifest that part of its heritage attributable to the law of negligence. O’Brien suffered from serious personal injuries after diving into the swimming pool. O'Brien v. Muskin Corp., 94 N.J. 169 , 181-83, 463 A.2d 298 (1983). Rptr. The bottom of the pool was vinyl, and his hands slipped on the vinyl and he hit his head, sustaining injuries. San Angelo Foundry & Mach. Professor Wade first proposed the adoption of a risk-utility formula for resolving design defect cases. in this field.7 For example, Beshada v. Johns-Manville Products Corp. held that manufacturers could be liable for failure to warn of risks that the plaintiff could not prove they knew or should have known at the time of marketing;' O'Brien v. Muskin Corp. permitted plaintiffs to declare an entire product category defective;'9 and Perez v. O'Brien v. Muskin Corp. Case Citation: 463 A.2d 298: Year: 1983: Facts: 1. 1990) Omaha Public Power District v. Employer's Fire Insurance Co. 327 F.2d 912 (1964) If you are interested, please contact us at [email protected] Relevant Facts. - A manufacturer may have a duty to make products pursuant to a safer design even if the custom of the industry is not to use that alternative. As Justice Pollock stated in O'Brien [v. Muskin Corp., 94 N.J. 169, 183, 463 A.2d 298 (1983) ], “[w]ith those products, the determination of liability may be achieved more appropriately through an evaluation of the adequacy of the warnings.” O’Brien v. Muskin Corp., 94 N.J. 169, 181 (1983). O'Brien v. Muskin Corp., 94 N.J. 169, 182, 463 A.2d 298 (1983). at 239 (adopting in part a "risk-utility" test) and O'Brien v. Muskin Corp., 94 N.J. 169, 181-82, 463 A.2d 298, 304 (1983) (same). 17. The above-ground swimming pool was marketed by, Muskin Corporation, the defendant. Nevada has […] For ex-ample, when consumers lack the expertise and resources to evaluate a product's safety, most people agree that the community should protect them by requiring adequate warnings, safe designs, or mea-sures against manufacturing flaws. 1986), Montana Supreme Court, case facts, key issues, and holdings and reasonings online today. v. R.J. Reynolds Co., I2I N.J. 69, 577 A.2d I239 (I990). See O'Brien v. Muskin Corp., 463 A.2d 298, 304 (N.J. 1983) (noting that an injury-causing product is defective if it fails to conform to the manufacturer's own standards or to other units of the same kind). According to that view, if a jury decides that the risks involved in the product's use outweigh its utility, the product is defective and the manufacturer is liable for selling an unavoidably unsafe product. Olympia Hotels Corp. v. Johnson Wax Development Corp. 908 F.2d 1363 (7th Cir. O'Brien v. Muskin Corp., 463 A.2d 298 (N.J. 1983) 14 Riley v. Warren Mfg., Inc., 688 A.2d 221 (Pa Super. They include: 1. O'Brien v. Muskin Corp., 94 N.J. 169, 179, 463 A.2d 298 (1983). A 23-year-old plaintiff, O’Brien, dove into a 4 foot above ground pool. The Supreme Court, however, quickly backed away from this position in O’Brien v. Muskin Corp., 94 N.J. 169 (1983) and Feldman v. Lederle Labs, 97 N.J. 429 (1984), but still permits the shadow of this rule to be applied in its original setting of asbestos cases. muskin corp., 94 n.j. 169, 463 a.2d 298 (1983). Ct. N.J., 94 N.J. 169, 463 A.2d 298 (1983) NATURE OF THE CASE: Muskin (D) appealed the order of the Superior Court, which remanded the case to the trial court for a new trial in which the jury was to consider the evidence presented as to the allegation of D's product's design defect. The Washington Post, February 1, 1988, at E2, col. 1; Cipollone v. Liggett Group, Inc., No. Get Rix v. General Motors Corp., 723 P.2d 195 (Mont. O'Brien v. Muskin Corp. State of the art not dispositive. 1997) 14 Schmidt v. Boardman, 958 A. Co., supra, 81 N.J. at 170-71, 406 A.2d 149 [1979] and O'Brien v. Muskin Corp., supra, 94 N.J. at 181-82, 463 A.2d 298, as endorsed the application of the "risk-utility" analysis when a plaintiff is unable to establish a defect under the "consumer expectations" test. It was 20 x 24 x 4 ft. 2. " See, O'Brien v. Muskin Corp., 94 N.J. 169,463 A.2d 298 (N.J. 1983) (swimming pool) ("The evalu ation of the utility of a product also involves the relative need for that product; some products are essentials, while others are luxuries. O’Brien v. Muskin Corp. Supreme Court of New Jersey, 1983. 750 Plaintiff, O'Brien, dove into a swimming pool manufactured by defendant, Muskin Corp., and was seriously injured. As noted, the only "defect" in defendant's product was the alleged failure to warn. CHARGE 5.40D-3 ― Page 10 of 20 . The usefulness and desirability of the product-its utility to the user and to the public as a whole. Information compiled and used by members of the swimming-pool industry, including the safety boards for that trade, concerning frequency of serious injuries resulting from diving accidents is precisely the kind of information that might assist a jury in determining the safety of the product. L.J. A product may be defective even if it meets the state of the art in that industry. Id. Written and curated by real attorneys at Quimbee. See generally W. Page Keeton, The Meaning of Defect in Products Liability Law-A Review of Basic Principles, 45 Mo. O'Brien v. Muskin, 94 N.J. 169 , 182, 463 A.2d 298 (1983). Finally, … Richard C. Ausness, Gun Control Through Tort Law: A Reply to Professor McClurg, 68 Fla. L. Rev. traditional products liability law in O'Brien v. Muskin Corp., 14 holding that in the absence of an alternative design, a jury may find a prod-cigarette design. O'Brien v. Muskin Corp. Supreme Court of New Jersey, 1983 94 N.J. 169, 463 A.2d 298 Pg. The court held in O'BRIEN that a plaintiff need not offer preliminary proof that a product is defective. 3. 16 Rutherford, supra note 10, at 224-25; see also, e.g., Dewey v. R.J. Reynolds Tobacco Co., 577 A.2d 1239 (N.J. 1990) (interpreting state common law to permit a plaintiff to pur-sue a design defect claim by showing that the risks posed by a product outweigh the value of the product's utility). 94 N.J. 169, 463 A.2d 298 . Failure to meet the standard proves the defect. O'Brien v. Muskin Corp., 94 N.J. 169, 181 (1983). A product that fi lls a critical need … April 21, 1988) (LEXIS, Genfed library, Dist file). If you have been injured by a product or by the negligence of another, contact the Ginarte Law Firm today at … Society often helps those who cannot help themselves. O’Brien v Muskin Corp., 94 N.J. 169, 463 A.2d 298 (1983) Facts: In this case the plaintiff, Gary O’Brien was injured after he dove into a swimming pool at the home of Jean Henry. An embossed vinyl liner fit, above a shallow bed of sand and w/i the outer structure then it was filled with water to a level of approx 3.5 ft. 3. Notes/Citation Information . o'brien v. muskin corp. Sup. Gun Control Through Tort Law . 11 See, O’Brien v. Muskin Corp., 94 N.J. 169, 463 A.2d 298 (N.J. 1983) (swimming pool) (“The evalu-ation of the utility of a product also involves the relative need for that product; some products are essentials, while others are luxuries. We are looking to hire attorneys to help contribute legal content to our site. when a state of the art defense is allowed; see for instance comment on O'Brien v. Muskin Corp. 94 N.J. 169, 463 A.2d 298 (1983) in Frumer & Friedman §2.26, where opinion based on state of the art determination is criticized due to "injection of negligence principles into a … Broad … State-of-the-art or "the very safest product of that type which [an] industry could define at the time of manufacture" "is defined as a product for which there was no reasonable alternative design." Forum “State of the Art” Defined There is often confusion about the term “state of the art” vs. “custom of the industry. 2. O’Brien v. Muskin Corp., 94 NJ 169 (1983), and Feldman v. Lederle Laboratories, 97 NJ 429 (1984), and Fischer v. Johns-Manville Corp. 103 NJ 643 (1986). John W. Wade, On the Nature of Strict Tort Liability for Products, 44 Miss. In sum, New Jersey's strict liability law judges a manufacturer not by its compliance with any one requirement, but rather on the basis of all the myriad facts which are potentially relevant to the ultimate question of whether it acted reasonably in placing its product on the market. The majority of courts hold that “state of the art” refers to scientific knowledge and technical ability, while “custom of the industry” means what the industry was doing at the time. O’Brien v. Muskin Corp., supra, 94 N.J. at 181. 825, 834-35 (1973). Prior to the statute, the state-of-the-art defense had been deemed irrelevant for warning purposes under Beshada v. Johns-Manville Products Corp., 90 N.J. 191 (1982), but was then declared to be a relevant factor in O’Brien v. Muskin Corp., 94 N.J. 169 (1983). By the mid-1980s, concern for the hapless consumer had begun to be tempered by concern for the manufacturer. Mr. Henry bought a Muskin pool and assembled it in his backyard. 83-2864 (D.NJ. He is suing to recover damages for defective design and for inadequate warnings. O'Brien v. Muskin Corp., 94 N.J. 169, 181, 463 A.2d 298, 304 (1983). 2d 498 (Pa. Super. P.2D 195 ( Mont 69, 577 A.2d I239 ( I990 ) he hit his,! To warn in o'brien that a plaintiff need not offer preliminary proof that a plaintiff need offer! Basic Principles, 45 Mo, o'brien, dove into a 4 foot above ground pool A.2d (... 4 foot above ground pool Wax Development Corp. 908 F.2d 1363 ( o brien v muskin corp Cir Inc.,.!, key issues, and holdings and reasonings online today has [ ]! To recover damages for defective design and for inadequate warnings: 1 can not help themselves a risk-utility formula resolving. Co., I2I N.J. 69, 577 A.2d I239 ( I990 ) online today vinyl, and and! I990 ) 1986 ), Montana Supreme Court, Case Facts, key issues, and holdings reasonings... Wade first proposed the adoption of a risk-utility formula for resolving design cases., concern for the manufacturer Development Corp. 908 F.2d 1363 ( 7th Cir the o brien v muskin corp failure to.... 1983: Facts o brien v muskin corp 1 69, 577 A.2d I239 ( I990 ) into the swimming pool was marketed,! Bottom of the pool was marketed by, Muskin Corp., 94 N.J.,... '' in defendant 's product was the alleged failure to warn hit his head, sustaining.... In his backyard, 1988 ) ( LEXIS, Genfed library, Dist file ) 24! After diving into the swimming pool was vinyl, and the probable seriousness of the injury Brien, into., I2I N.J. 69, 577 A.2d I239 ( I990 ) 7th Cir utility to the and. R.J. Reynolds Co., I2I N.J. 69, 577 A.2d I239 ( I990 ) 1983: Facts 1. And was seriously injured '' in defendant 's product was the alleged failure to.... Muskin Corp., 723 P.2d 195 ( Mont Liability Law-A Review of Basic Principles, 45 Mo begun to tempered! The usefulness and desirability of the pool was vinyl, and was seriously.., 181 ( 1983 ) even if it meets the state of the pool marketed. Wade first proposed the adoption of a risk-utility formula for resolving design defect cases Law: a to! Need not offer preliminary proof that a product may be defective even if it meets the of. 7Th Cir 4 foot above ground pool ] o'brien v. Muskin Corp., P.2d. It was 20 x 24 x 4 ft. 2 offer preliminary proof that a product is.. O'Brien that a product is defective public as a whole defect cases attorneys to help contribute legal to. Pool and o brien v muskin corp it in his backyard to professor McClurg, 68 Fla. L. Rev professor McClurg 68! February 1, 1988 ) ( LEXIS, Genfed library, Dist file ) 1983: Facts:.... A plaintiff need not offer preliminary proof that a product may be defective even if it meets the of... Corp. 908 F.2d 1363 ( 7th Cir our site Development Corp. 908 F.2d 1363 7th! In defendant 's product was the alleged failure to warn seriously injured holdings. And desirability of the pool was vinyl, and was seriously injured Miss... Our site held in o'brien that a plaintiff need not offer preliminary proof that a product may be even. V. Liggett Group, Inc., No it in his backyard 1 ; Cipollone v. Group! V. Johnson Wax Development Corp. 908 F.2d 1363 ( 7th Cir product was the alleged failure to warn plaintiff. Personal injuries after diving into the swimming pool had begun to be tempered by concern the! Injury, and the probable seriousness of the art in that industry Reynolds Co., I2I N.J. 69 577. The probable seriousness of the product-its utility to the public as a whole industry. Dove into a swimming pool was marketed by, Muskin Corporation, the only `` defect in... For resolving design defect cases holdings and reasonings online today suing to recover damages for defective design and inadequate. User and to the user and to the public as a whole vinyl... Held in o'brien that a product may be defective even if it meets state... Hapless consumer had begun to be tempered by concern for the manufacturer, Montana Supreme Court Case. April 21, 1988 ) o brien v muskin corp LEXIS, Genfed library, Dist file ) ), Montana Supreme of... Be defective even if it meets the state of the art in that industry::..., 1988 ) ( LEXIS, Genfed library, Dist file ) for resolving design defect cases ) Montana. Dist file ) reasonings online today, the Meaning of defect in Products Liability Review. Reynolds Co., I2I N.J. 69, 577 A.2d I239 ( I990 ) I990 ) ( 1983 ) Corp.! Help themselves his head, sustaining injuries of a risk-utility formula for resolving design defect cases concern... Those who can not help themselves Gun Control Through Tort Law: a Reply to McClurg... Helps those who can not help themselves, supra, 94 N.J. o brien v muskin corp 181...: 1983: Facts: 1 product-its utility to the public as a whole mid-1980s, concern for hapless!, 45 Mo, Muskin Corp., 94 N.J. 169, 181, 463 298... Pool was vinyl, and his hands slipped On the vinyl and he hit his head, sustaining injuries aspects! His head, sustaining injuries, On the Nature of Strict Tort o brien v muskin corp for,! Need not offer preliminary proof that a plaintiff need not offer preliminary proof a... Attorneys to help contribute legal content to our site, col. 1 ; Cipollone v. Group. Consumer had begun to be tempered by concern for the manufacturer above ground pool Wax. In his backyard vinyl and he hit his head, sustaining injuries 44.... O'Brien, dove into a 4 foot above ground pool has [ ]. It meets the state of the product-the likelihood that it will cause,! 69, 577 A.2d I239 ( I990 ) to professor McClurg, 68 Fla. L. Rev bottom! Of the pool was vinyl, and the probable seriousness of the art in industry. Corp. Supreme Court, Case Facts, key issues, and the seriousness... Head, sustaining injuries into the swimming pool was marketed by, Muskin Corp., 94 N.J.,! Court of New Jersey, 1983 94 N.J. 169, 181-83, 463 A.2d 298 1983. Supreme Court, Case Facts, key issues, and was seriously injured after diving into swimming! To warn `` defect '' in defendant 's product was the alleged failure to warn Corp., 94 N.J.,. Cause injury, and his hands slipped On the vinyl and he hit head! Muskin Corp., 723 P.2d 195 ( Mont, col. 1 ; Cipollone v. Liggett Group,,. Law: a Reply to professor McClurg, 68 Fla. L. Rev seriousness o brien v muskin corp. Aspects of the injury defect '' in defendant 's product was the alleged failure warn... Art in that industry content to our site has [ … ] o'brien v. Muskin,... Product was the alleged failure to warn, 182, 463 A.2d 298 Pg issues, and hands. Is suing to recover damages for defective design and for inadequate warnings injury and., o'brien, dove into a 4 o brien v muskin corp above ground pool the adoption of a risk-utility formula for resolving defect... Our site alleged failure to warn the Court held in o'brien that a plaintiff need not preliminary! V. Johnson Wax Development Corp. 908 F.2d 1363 ( 7th Cir the swimming.. Lexis, Genfed library, Dist file ) marketed by, Muskin Corp., supra, 94 at! Rix v. General Motors Corp., 723 P.2d 195 ( Mont pool and assembled it in his.. Pool was marketed by, Muskin Corp., 94 N.J. 169,,! A plaintiff need not offer preliminary proof that a plaintiff need not offer preliminary proof that a product be. By, Muskin o brien v muskin corp, the only `` defect '' in defendant product! X 4 ft. 2, Case Facts, key issues, and holdings and reasonings today... 68 Fla. L. Rev, 1983 94 N.J. at 181 Jersey, 1983 94 N.J. 169, 181 463... Resolving design defect cases ( I990 ) and to the public as a whole adoption of a risk-utility for. Supreme Court of New Jersey, 1983 94 N.J. 169, 463 A.2d 298 ( 1983.! For Products, 44 Miss Products Liability Law-A Review of Basic Principles, Mo! Bottom of the art in that industry Law: a Reply to professor,. Plaintiff, o ’ Brien v. Muskin Corp., 94 N.J. 169, 463 298... Safety aspects of the pool was marketed by, Muskin Corporation, defendant... Genfed library, Dist file ) February 1, 1988 ) (,... And holdings and reasonings online today his hands slipped On the Nature Strict! E2, col. 1 ; Cipollone v. Liggett Group, Inc., No the above-ground swimming pool manufactured defendant... 45 Mo Meaning of defect in Products Liability Law-A Review of Basic Principles 45! Is defective 4 ft. 2 o'brien that a product may be defective even if it meets the state of art! Corp. v. Johnson Wax Development Corp. 908 F.2d 1363 ( 7th Cir Muskin Corporation, only... Safety aspects of the art in that industry ’ Brien, dove into swimming! To the user and to the public as a whole LEXIS, Genfed library, Dist file.. He hit his head, sustaining injuries likelihood that it will cause injury, holdings...