In June 2007, six-year-old Abigail Taylor went with her family to the golf club swimming pool. A young boy stepped on a rusty pool drain screw at the bottom of the 18-inch-deep kids' pool and cut his foot. Abigail's  mother took the screw to a lifeguard who did nothing(state law required the closing of the pool in such a situation). Another parent was unable to re-secure the drain cover. The pool drain and cover were manufactured by Sta-Rite Industries.

Later, Abigail fell and landed on her buttocks on top of the open drain at the bottom of the pool. The drain's suction tore her anus and rectum and pulled her small bowels and a 21-foot section of her intestines out of her body through her anus. No one knew she was missing her organs until doctors at the hospital operated on her. she later suffered multiple organ failures and received transplants, but died nine months after the incident. The medical and burial expenses exceeded $2.8 million.

When replacing the pool drain, the pool operator must replace both the frame that surrounds the hole and the drain cover. The drain replacement kit came with both a new frame and a new drain cover. But in prior years the pool operator had only put new covers over the old frame and used cheap screws that corroded.

One week before the accident, the pool operator told the club's managers about the dangers of loose or missing drain covers.

The parents sued the golf club for negligent operation of the pool, improper installation, maintenance and use of the drain, and failure to correct a known danger. The golf club admitted liability and settled for $8 million.

The parents also sued the manufacturer for a dangerous and defectively designed product based on several other incidents. Sta-Rite made a confidential monetary settlement to the parents plus a $2 million donation to a foundation to promote pool safety and organ transplants. The company also agreed to redesign its drain cover aseembly and improve its warnings.

The state of Minnesota passed a statute requiring pool operators to properly install and maintain pool drains and perform daily inspections.

 

Questions:

1. Should a manufacturer be responsible to an innocent plaintiff when the purchaser of the product knowingly fails to properly maintain the product?

2. What defenses would eliminate, or mitigate, the manufacturer's liability in such cases?

3. Should the parents of a minor be held liable to some degree in such cases?